RHO BETA CORPORATION, dba BOB’S MARKET and STATE FARM FIRE AND CASUALTY COMPANY, MARK RIDER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARK RIDER, Applicant,vs.RHO BETA CORPORATION, dba BOB’S MARKET and STATE FARM FIRE AND CASUALTY COMPANY, Defendants,Case No. ADJ3491750 (FRE 0244557)ADJ2748113 (FRE 0235533)ADJ3491750 (FRE 0244557)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of March 24, 2009, in which the workers’ compensation judge (WCJ) found, in relevant part, that applicant, while employed by RHO Beta Corporation dba Bob’s Market during a period of cumulative trauma (CT) ending August 16, 2004, sustained industrial injury to his bilateral shoulders, causing permanent disability (PD) of 29%, without apportionment. The WCJ also disallowed defendant’s claim of credit for overpayment of PD indemnity. Defendant contends, in substance, that the WCJ erred in failing to apportion 96% of applicant’s overall bilateral shoulder disability to causes other than the two-month period of CT injury, pursuant to Labor Code section 4663 and the medical opinion of Dr. Ernest Miller, and that the WCJ erred in disallowing defendant’s claim of credit for PD overpayment, given that most of applicant’s PD is non-industrial. Applicant filed an answer. We begin by noting that according to the trial stipulations of February 18, 2009, the only outstanding issue in this case is apportionment under section 4663, not the existence or date of the CT injury, and not apportionment of liability between employers or insurers. Although the stipulations include reference to applicant being “allegedly” employed by Bob’s Market during the CT period, employment was not otherwise raised as an issue at trial, nor does defendant’s , petition herein raise the issue of employment. (See Labor Code section 5904.) Furthermore, according to the WCJ’s Report, appli
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