Ralph Lakes — ADJ7155088, ADJ7155138

Tower crane operator Ralph Lakes claimed cumulative trauma injury to his back, hips, and left leg, with two pleaded CT periods (9/1/2005-9/1/2006 and 12/12/2006-8/28/2009) straddling a three-month 2006 disability period. The WCJ found a single CT through August 28, 2009 under section 5412, placed liability on Technology Insurance Company under section 5500.5, and awarded temporary disability at the 2009 maximum rate of $958.01. Both applicant and defendant Technology sought reconsideration. The Board found that the WCJ erred in applying the 2009 maximum TD rate rather than the higher rate permitted under section 4661.5, and that the AME reports from Drs. Conrad and Weiss were not substantial evidence on whether there were one or two CT periods or on the section 5412 date of injury. The Board rescinded the F&A and remanded for further development of the record.