Kellogg Company, Et Al., Tommy Thomas, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATOMMY THOMAS,Applicant,vs.KELLOGG COMPANY, et al.,Defendants.Case Nos. ADJ7823807ADJ858988 (SAL 0103001)ADJ3558920 (SAL 0113667)(Salinas District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant Kellogg Company, administered by Corvel Corporation (Kellogg) seeks reconsideration of the March 7, 2017 Findings, A ward, and Order wherein the arbitrator found that the medical record required further development, that reimbursable costs would be determined in accordance with the Board panel decision in Ramos v, San Jose Medical Group, and that Kellogg did not timely petition for contribution/reimbursement from Hayward Lumber administered by Crum & Forster (Hayward). Although the arbitrator found that the medical record required further development, he also found that Dr. Anderson’s apportionment determination complies with the AMA Guides and Dr. Miner’s apportionment method falls outside the AMA Guides. The arbitrator also found that reimbursement of temporary disability should occur at the rate paid by Hayward. Kellogg contends that the arbitrator erred in ordering further development of the record, arguing that the record should not be further developed where Hayward failed to meet its burden of showing that applicant sustained a second cumulative trauma injury while employed by Kellogg and that Hayward provided benefits that should have been provided by Kellogg. Kellogg also contends the arbitrator erred in finding that it did not timely file a petition for contribution/reimbursement, arguing that it put Hayward on notice that it intended to seek contribution/reimbursement within one year of the settlement of the claim against Kellogg. Kellogg further contends that the arbitrator’s determination that Dr. Miner’s apportionment determination is outside the AMA Guides is premature and that the arbitr
