United Airlines; Permissibly Self- Insured, Administered By Gallagher Basset Services Jesse Chmelar (Applicant), Joanne Chmelar (Deceased) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSE CHMELAR (Applicant), JOANNE CHMELAR (Deceased), Applicant,vs. UNITED AIRLINES; Permissibly Self- Insured, administered by GALLAGHER BASSET SERVICES, Defendant(s).Case No. MON 0291071OPINION AND ORDERGRANTING PETITION FORRECONSIDERATIONAND DECISION AFTERRECONSIDERATION Applicant seeks reconsideration of the November 16, 2007 Amended Finding of Fact and Orders, wherein the workers’ compensation administrative law judge (“WCJ”) found that applicant, while employed by United Airlines during the period through 1988, did not sustain industrial injury to her internal system, resulting in her death. The WCJ also found that the claim was untimely filed, and ordered applicant to take nothing. Applicant contends that the WCJ failed to state the reasons for her decision, as required by Labor Code section 5313, that she erred in finding the claim barred by the statute of limitations, and that she impermissibly relied on the opinion of the defense qualified medical evaluator, which was not substantial evidence. We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (“Report”), recommending that the petition be denied. She also stated in her Report that she would amend her decision on the statute of limitations, since she had verified an apparently timely filing of a duplicate application at Long Beach. , For the reasons expressed by the WCJ in her Report, which we adopt and incorporate, and for the reasons discussed below, we will grant the petition for reconsideration, amend the finding on the statute of limitations, and otherwise affirm. We agree with the WCJ’s appraisal of the
