Agraquest, Inc. And Golden Eagle Insurance As Adjusted By Liberty Mutual Insurance Company David A. Bell WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID A. BELL, Applicantvs.AGRAQUEST, INC. AND GOLDEN EAGLE INSURANCE as adjusted by LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s)Case No. SAC 0332586OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, in propria persona, seeks reconsideration of the October 12, 2007 Findings of Fact and Award, wherein the workers’ compensation administrative law judge (“WCJ”) found that applicant, while employed as a research assistant during the cumulative trauma period through January 11,1999, did not sustain an industrial injury to his sinus and humoral immune system. The WCJ also found that defendant sustained its burden of proof on the statute of limitations, pursuant to Labor Code sections 5405 and 5409, and that applicant’s claim is barred by Labor Code section 3600(a)(10), because he filed his claim more than four years after his termination. Applicant’s Petition for Reconsideration, captioned “Motion for Reconsideration.” contains 46 “Points of Order.” most of which concern grievances outside the scope of a petition for reconsideration. His contentions, most arguably responsive to the WCJ’s decision, are that his claim was not timely denied and is presumed compensable under Labor Code section 5402, that defendant is estopped from claiming the statute of limitations, and that Labor Code section3600(a)(10) is inapplicable. We have considered applicant’s Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this metier. The WCJ prepared a Report and Recommendation on , Petition for Reconsideration (“Report”), recommending that the petition be denied. For For the reasons expressed by the WCJ in her Report, which we adopt and incorporate, and for the reasons discussed below, we will deny the petition for reconsideration.BACKGROU
