EXIDE TECHNOLOGIES; ZURICH AMERICAN INSURANCE administered by RISK ENTERPRISE MANANGEMENT, NICOLAE FILIP, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANICOLAE FILIP, Applicant,vs.EXIDE TECHNOLOGIES; ZURICH AMERICAN INSURANCE administered byRISK ENTERPRISE MANANGEMENT, Defendant(s).Case Nos. ADJ3086148 (AHM0123696)ADJ749570 (AHM0123697)OPINION AND ORDERS DENYING ZURICH’S PETITION FOR RECONSIDERATION, GRANTING EXIDE’S PETITIONFOR RECONSIDERATION, AND DECISION AFTER RECONSIDERATION Defendant employer, Exide Technologies (“Exide”), and its workers’ compensation carrier, Zurich American Insurance Company (“Zurich”), each seek reconsideration of the Findings, Awards and Orders of October 29, 2008, in which the workers’ compensation judge (WCJ) found, in relevant part, that on October 13, 2004 (AHM 0123696) and during the period September 1, 1999 to October 13, 2004 (AHM 0123697), applicant sustained industrial injury to his neck and back (Opinion on Decision, p. 5), and to his psyche (Opinion on Decision, pp. 6 -7). In addition, the WCJ found that on October 13, 2004, the employer, through its supervisor and safety representative, violated Labor Code section 4553 by ordering applicant into a narrow trench to remove mud, and that the employer violated Labor Code section 132a by suspending or terminating applicant for reporting an industrial injury and requesting medical treatment. The WCJ also determined that further development of the medical record is needed on the issues of injury to applicant’s left foot, the nature and extent of injury to his neck and back, the claim of injury to applicants lungs, chest, nervous system, cardiac and internal organ systems, as well as lead exposure and the deep vein thrombosis episode of April 4, 2005. Accordingly, the WCJ ordered the parties to obtain supplemental reports from Dr. Landauer and Dr. Luciano on the left , foot, neck, and back injuries, and to obtain supplemental reports from Dr. Shu and Dr. Jay on
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