HENDERSON’S AMERICAN FENCE; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY in liquidation, ROBERT D. MATTHEWS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT D. MATTHEWS,Applicant,vs.HENDERSON’S AMERICAN FENCE; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY in liquidation, Defendant,Case No. ADJ3988212 (LAO 0840441)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, in pro per, seeks reconsideration of the November 5, 2008 Findings and Order of the workers’ compensation administrative law judge (WCJ), who found that applicant was not employed by Henderson’s American Fence on August 30, 2002, when he claims he incurred injury while participating in a vocational rehabilitation program, and that his application for benefits in this case is barred by the one year statute of limitation contained in Labor Code section 5405. Based upon those findings, the WCJ ordered that applicant take nothing on his claim herein. Applicant contends that he must have been employed on the date of injury because he was participating in a vocational rehabilitation program when he was injured, and that his claim was timely delivered to the alleged employer within one year after the injury.The petition for reconsideration is denied because the injury claimed by applicant is not a new injury claim but an alleged compensable consequence of an earlier industrial injury. Applicant filed an Application for Adjudication of Claim in November 2003, alleging that he incurred industrial injury to his back on August 30, 2002, while employed as “welder/rehab” when he was “asked to carry 10 lbs in each hand.” The application refers to earlier claims for industrial injury filed by applicant in LAO 4909627, LAO 524777, and BGN 133040.1 1The other case files were not available for our review, but they were not needed to address the claim herein. , The WCJ determined that applicant’s cla
