CITY OF GLENDALE Permissibly Self-Insured JAMES FISHER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES FISHER, Applicant,vs.CITY OF GLENDALE; Permissibly Self-Insured, Defendants.Case No. ADJ8788621(Los Angeles District Office)OPINION AND ORDER GRANTINGPETITION FOR RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the March 10, 2014 Findings and Order wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained an injury from May 1980 through April 1, 2009. The WCJ also found that the applicant first understood his injury to be industrial on or about January 23, 2013. Defendan contends that the WCJ erred in finding that applicant sustained an industrial injury on April 1, 2009 arguing that the only issues submitted to the WCJ were whether the claim was barred by the statute of limitations pursuant to Labor Code section 5405 and date of injury pursuant to Labor Code section 5412. Defendant also contends that the WCJ erred in finding that applicant had knowledge that his injury was industrial on or about January 23, 2013. Defendant argues that applicant had knowledge of disability more than one year prior to filing his cumulative trauma claim and thus his cumulative trauma claim filed on January 23, 2013 should be barred by the statute of limitations pursuant to Labor Code section 5405. We have, received an answer from the applicant and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that defendant’s petition be granted and the Findings and Order be amended to find that applicant claims that he sustained an industrial injury from May 5, 1980 through April 1, 2009. For the reasons discussed below, we will grant reconsideration, rescind the Findings and Award, and return this matter to the trial level for further proceedings and a new decision. , When a case is submitted for de
