BROWARD BROTHERS INC.; SEABRIGHT INSURANCE COMPANY, CHRIS HYLAND, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRIS HYLAND, Applicant,vs.BROWARD BROTHERS INC.; SEABRIGHT INSURANCE COMPANY, Defendant.Case No. ADJ3401894 (OAK 0348541)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by the Arbitrator on July 16, 2009, wherein the Arbitrator found that applicant, while employed as a union carpenter, sustained industrial injury to his back and left hand on “07/27005” [sic].’ The Arbitrator also found that defendant did not meet its burden to show that notice of termination or layoff was given to applicant. The Arbitrator found that medical records existed before applicant stopped working on October 18, 2007, that show evidence of disability. Defendant contends in essence that the Arbitrator erred in finding that applicant’s claim was not-barred by Labor Code section 3600(a)(10)2, arguing that the Arbitrator should have found that applicant’s claim was barred because he was laid off on October 18, 2007 and did not file his workers’ compensation claim until March 5, 2008. Defendant also contends that the Arbitrator erred in finding that applicant met his burden to show an exception pursuant to section I. 3600(a)(10)(B), arguing that the Arbitrator applied an incorrect legal standard by finding evidence of pre-termination “disability” instead of “injury” in the medical records that existed prior to his 1In the Opinion on Decision, the Arbitrator stated that applicant began working for defendant “during the week ending 5/6/07.”2Unless otherwise stated, all further statutory references are to the Labor Code. , termination. Defendant contends that the decision should reflect a back injury on September 21, 2007, and that clarification or correction of clerical error is necessary to clarify the body parts injured, the period of temporary disability, and t
