Marshalls; Cna Claim Plus, Inc., Robert Walker WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT WALKER, Applicant, vs.MARSHALLS; CNA CLAIM PLUS, INC., Defendant(s).Case No. VNO 483286OPINION AND ORDER GRANTING RECONSIDERATION AND OPINION AFTER RECONSIDERATION Defendant seeks reconsideration of the May 3. 2007 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a store manager from 1995 through January 8. 2003, sustained industrial injury to his back and both feet, causing 56% permanent disability and a need for further medical treatment. Previously, a hearing was held to determine whether defendant acted to prevent applicant from timely filing his claim pursuant to Labor Code1 section 54022:, and the WCJ excluded a deposition transcript offered by defendant on this issue. Defendant contends the WCJ erred in excluding the deposition transcript of defendant’s assistant human resources manager (HR manager), arguing that she was unavailable to testify at trial. Defendant also contends the WCJ erred in failing to give weight to the trial testimony of two other defense witnesses. Defendant further contends the WCJ erred in relying on the medical reporting of applicant’s treating physician, Michael Schiffman, M.D.. to find industrial injury. We have considered the petition for reconsideration and we have reviewed the record in 1 Unless otherwise staled, all further statutory references are to the Labor Code.2 Section 5402(a) provides that knowledge of an injury by an employer from any source is equivalent to the notice required by section 5400. Section 5402(b) provides that if liability is not rejected within 90 days of the filing of the claim form by the employee under section 5401. the injury is presumed compensable. (Lab. Code §§ 5402(a) and (b).) , this matter. An answer was received. The WCJ has filed a Report and Recommendation on Petitionfo
