Barrett Business Services; Permissibly Self-Insured Cesar Lopez, Sr. WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACESAR LOPEZ, SR., Applicant,vs.BARRETT BUSINESS SERVICES; Permissibly Self-Insured, Defendant(s).Case No. ADJ1882653 (VNO 0549022)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award served on November 15, 2010, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a service technician on or about September 24, 2005,1 sustained industrial injury to his low back. Citing Labor Code section 5410,2 the WCJ found that applicant had five years to file an application for further benefits and that he did file within that time period. Defendant contends the WCJ erred in finding an industrial injury and in finding that applicant’s claim is not barred by the statute of limitations, arguing that section 5410 does not apply to this denied injury, that the WCJ failed to address defendant’s statute of limitations arguments pursuant to sections 5400 and 5404, and that applicant’s testimony was not credible. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. 1 The actual date of injury found by the WCJ was “on or about 9/24/10” [sic]. This, however, was obvious clerical error. It is evident from the Opinion on Decision, the parties’ stipulation at the October 28, 2010 trial, applicant’s claim form (Applicant’s Exhibit 1), the WCJ’s Report, and multiple other indications in the record that the date of applicant’s claimed injury was September 24, 2005. Accordingly, we will use that date in our new finding.2 All further statutory references are to the Labor
