LE MERIDIEN HOTEL; TOKIO MARINE MANAGEMENT, IMAHMOUD MOUSTAFA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMAHMOUD MOUSTAFA, Applicant,vs.LE MERIDIEN HOTEL; TOKIO MARINE MANAGEMENT, Defendants,Case No. ADJ2862668 (OXN 0126313)OPINION AND ORDERS DENYING DEFENDANT’S PETITION FOR RECONSIDERATION, GRANTING APPLICANT’S PETITIONFOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant and defendant each seek reconsideration of the December 10, 2008 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred cumulative trauma industrial injury to his cardiovascular system, chest and internal organs while employed by Le Meridien Hotel as a security supervisor during the period September 5, 2000 to September 28, 2001, causing a period of temporary disability, 75% permanent disability after apportionment, and a need for future medical treatment. The WCJ awarded a portion of the permanent disability indemnity found to be due as applicant’s attorney’s fees, but did not award any portion of the temporary disability indemnity found to be due as attorney’s fees. Applicant contends that 12% of the temporary disability indemnity found to be due should have been awarded as attorney’s fees. Defendant contends, 1) that the WCJ’s Summary of Evidence (Summary) from the trial is inaccurate and incomplete; 2) that the reports of examination by the parties’ Agreed Medical Examiner (AME), Bruce Gillis, M.D., should not have been received into evidence because they were submitted more than 30 days after the dates of examination contrary to Labor Code section 139.2; 3) that the WCJ’s decision is not supported by substantial evidence; 4) that the provision of benefits is barred by Labor Code section 3600(a)(10) because the claim for workers’ compensation , benefits was made by applicant after he was terminated; 5) that benefits are barred by the “Going and Coming Rule;” and 6) that the prov
