MANCO INVESTMENTS, ATLANTIC MUTUAL INSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY, MAROOF KHAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMAROOF KHAN, Applicant,vs.MANCO INVESTMENTS, ATLANTIC MUTUAL INSURANCE COMPANY andEVEREST NATIONAL INSURANCE COMPANY, Defendants.Case No. ADJ4182816 (SJO 0253240)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Atlantic Mutual Insurance Company seeks reconsideration of the December 12, 2008 Findings and Award wherein the workers’ compensation arbitrator (arbitrator) found that the applicant sustained a cumulative trauma injury from February 27, 2001 through February 26, 2002 and that Everest National Insurance Company is entitled to contribution from Atlantic Mutual Insurance Company in the amount of $16, 696.22. Defendant contends that the arbitrator erred in failing to issue an award within thirty (30) days of submission as required by Labor Code section 5277. Defendant also contends that the arbitrator’s award is not supported by substantial evidence, arguing that the applicant did not experience disability prior to February 24, 2004. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an answer from Everest National Insurance Company. The arbitrator prepared a Report and Recommendation on Petition for Reconsideration (Report), acknowledging that he did not issue a decision within 30 days of submission of the matter for decision and recommending that the petition be granted and that the December 12, 2008 Findings and Award be rescinded. , For the reasons discussed by the arbitrator in his report, which we adopt and incorporate by reference and for the reasons discussed below, we will rescind the December 12, 2008 Findings and Award and remand the matter to the presiding workers’ compensation judge. Labor Code section 5277, in relevant part, provi
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