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Adam Nittel vs. Sam Jose Sharks ;chubb Group Los Angeles

Sam Jose Sharks ;Chubb Group Los Angeles Adam Nittel WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAADAM NITTEL, Applicant, vs. SAN JOSE SHARKS; CHUBB GROUP LOS ANDANGELES, Defendant. Case No. ADJ595875 (AHM 0145185)OPINION AND ORDERGRANTING RECONSIDERATION DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the June 7, 2010 Findings, Award and Orders issued by the workers’ compensation administrative law judge (WCJ) wherein lhe WCJ found that applicant, while employed as a professional athlete during the period August 20. 1997 through June 10,2002, sustained industrial injury to multiple bodies parts1, that applicant first knew or should have known that he had the right to file a workers compensation claim in July 2007, that applicant’s injury reached maximum medical improvement and became permanent and stationary on June 10, 2003, that defendant was required to provide Labor Code2 section 406!-notice on or about September 18, 2001. and that the injury herein caused 100% permanent disability with no basis for apportionment and caused need for further medical treatment.            Defendant contends (I) that the WCJ erred by not sending this matter to mandatory arbitration pursuant to section 5275 arguing that insurance coverage is at issue; (2) that the WCJ erred in not addressing apportionment pursuant to section 4663 and the holding in Benson v. Workers’ Comp. Appeals Bd. (2009) 170 CaI.App.4th 1535 [74 Cal.Comp.Cases 113]); (3) that the WCJ erred in not finding applicant’s claim barred by the statute of limitations of section 5412; (4) 1.            The WCJ found industrial injury to applicant’s “head, neck, spine, shoulders, elbows, forearms, hands, left wrist, knees, ankles, jaw. ears. nose, throat, and internal in the form of irritable bowel syndrome.”2.            All further statutory references are to the Labor Code, unless otherwise noted. , that lhe WCJ erred in relying on the medical reports of Allen Fonseca, M.D., Mar


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