Brian San Nicolas, vs. Pepsi Bottling Group; Old Republic Insurance, Administered By Sedgwick/cms; Continental casualtv, Administered By Cna,

This case involves a worker's compensation dispute between Brian San Nicolas, Pepsi Bottling Group, Old Republic Insurance, administered by Sedgwick/CMS, and Continental Casualty, administered by CNA. San Nicolas claimed he incurred industrial injury to his back and psyche while employed as a mechanic by Pepsi Bottling Group, insured by Old Republic, during the cumulative trauma period ending June 16, 2004. The Workers' Compensation Appeals Board affirmed the award of temporary disability indemnity in SAL 107113, but rescinded the award of additional temporary disability indemnity in SJO 220636 because the Appeals Board lacked jurisdiction to make an award in that case for a period of temporary disability that began more than five years after the April 26, 1999 date of injury

PEPSI BOTTLING GROUP; OLD REPUBLIC INSURANCE, administered by SEDGWICK/CMS; CONTINENTAL CASUALTV, administered by CNA, BRIAN SAN NICOLAS, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRIAN SAN NICOLAS, Applicant,vs.PEPSI BOTTLING GROUP; OLD REPUBLIC INSURANCE, administered by SEDGWICK/CMS; CONTINENTAL    CASUALTV, administered by CNA, .Defendant(s).Case Nos.SAL 107113SJ0220636OPINION AND DECISIONAFTER RECONSIDERATION            We previously granted the separate petitions of Old Republic Insurance (Old Republic) and Continental Casualty (Continental) for reconsideration of the August 28, 2006 Joint Findings, Award and Order, wherein the workers’ compensation administrative law judge (WCJ) awarded temporary disability indemnity jointly in SAL 107113 and SJO 220636 commencing on June 17, 2004 and continuing, and future medical treatment with Old Republic to act as administrator. The WCJ found in SAL 107113 that applicant incurred industrial injury to his back and psyche while employed as a mechanic by Pepsi Bottling Group (Pepsi), insured by Old Republic, during the cumulative trauma period ending June 16, 2004. In SJO 220636, the WCJ found compensable consequence injury to psyche and good cause to reopen the earlier April 5, 2001 stipulated award wherein the panics agreed that applicant incurred industrial injury to his low back on April 26, 1999, while working as a mechanic for Pepsi, then insured by Continental, causing a period of temporary disability, 35% permanent disability and a need for medical treatment.            Old Republic contends that the award in SAL 107113 is not supported by substantial evidence, that the limitation period described in Labor Code section 4656(c)(1) precludes an award of temporary disability indemnity more than two years following the date of injury, and that it , should noi have been ordered to administer the award.1            Continental contends that under sections 5804 and 5410, the Appeals Board lacks jjurisdiction

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