TRINITY STORE FIXTURES, INC. dba MAIN DISPLAY & FIXTURES; UNINSURED EMPLOYERS BENEFITS TRUST FUND, BALTHAZAR ALVAREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABALTHAZAR ALVAREZ, Applicant, vs.TRINITY STORE FIXTURES, INC. dba MAIN DISPLAY & FIXTURES; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendant(s).Case No. ADJ3018166 (LAO 0840696)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATI ON AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings of Fact and Order issued May 28, 2009. wherein the workers’ compensation administrative law judge (WCJ) found that applicant “did not sustain injury AOE/COE, as alleged” and ordered that applicant “take nothing.” In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that applicant was not a credible witness, that applicant changed his testimony regarding 16! reporting his back injury to his employer, that applicant performed “unrestricted duty … ten to twelve hours a day after the alleged injury”, that applicant filed for unemployment benefits and did not mention a work-related injury on the application, and that applicant “testified that the defendant’s brother took him to an acupuncturist in Hawaiian Gardens in order to treat the alleged 20b back injury [however] Itihe applicant was not able to provide any information as to the location of the acupuncturist.” Finally, the WCJ noted that “defense witness, Mr. Philip Chang, credibly testified that the applicant never reported any type of injury to him.” Applicant contends that the WCJ erred by finding that applicant’s injury was not AOE/COE arguing that the WCJ based this decision upon applicant’s failure to report an injury his employer. However, applicant claimed a continuous trauma injury which was not subject to Labor Code section 3600(a)(10) and that continuous trauma claims have a one-year period as a , statute of limitations. Finally, applicant contends tha
