Pedro Guerrero, vs. St. Louis Cardinal Baseball Club/anheuser Busch Companies, Inc; Ace/usa Insurance, Administered By Specialty Risk Services, Inc.,

(ANA 0382822)This case involves a dispute between Pedro Guerrero, an applicant, and the St. Louis Cardinals Baseball Club/Anheuser Busch Companies, Inc; ACE/USA Insurance, administered by Specialty Risk Services, Inc., the defendant. The defendant filed a petition for removal, requesting that the appeals board rescind the Order dated May 14, 2009, wherein the workers' compensation administrative law judge (WCJ) ordered this matter submitted for decision. The WCJ found that the applicant sustained an industrial injury in the form of a continuous trauma from 1973 to 1992 and awarded permanent disability on the cumulative trauma. The defendant filed a petition for reconsideration, but the applicant did not seek reconsideration of the issue of the date of

ST. LOUIS CARDINAL BASEBALL CLUB/ANHEUSER BUSCH COMPANIES, INC; ACE/USA INSURANCE, administered by SPECIALTY RISK SERVICES, INC., PEDRO GUERRERO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPEDRO GUERRERO, Applicant,vs.AND DECISION AFTER ST. LOUIS CARDINAL BASEBALL CLUB/ ANHEUSER BUSCH COMPANIES, INC;ACE/USA INSURANCE, administered by SPECIALTY RISK SERVICES, INC., Defendant(s).Case No. ADJ3858587 (ANA 0382822)OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTER REMOVAL            Defendant St. Louis Cardinals Baseball Club has filed a timely, verified petition for removal, requesting that the appeals board rescind the Order dated May 14, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered this matter submitted for decision, stating: “The court shall issue a decision on the period of the [continuous trauma] only.” The gravamen of the petition.is that the WCJ determined the period of continuous trauma in the Findings’of Fact, Award & Order (Award) dated June 18, 2008, that applicant did not seek reconsideration from that determination, and that applicant is now barred from raising the issue by the doctrine of res judicata. We have not received an answer from applicant.            In the Award dated June 18, 2008, the WCJ found in relevant part: “6. The court finds applicant sustained an industrial injury in the form of a continuous trauma from 1973 to 1992.” He awarded: “A. Applicant is entitled to permanent disability on the cumulative trauma specified in Finding No. 6 on all body parts specified in Finding No. 9.” Although defendant filed a petition for reconsideration, applicant did not seek reconsideration of the issue of the date of injury or any other issue. That issue is now final.            In his Report and Recommendation of Petition for Removal, the WCJ recommends that we grant removal and states: “The Board may consider whether the trial court’s opinion in the , original findings and award is unclear, warranting an

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