Troy Dayak vs. San Jose Earthquakes, Berkley Specialty Underwriting Managers, Gulf/travelers Insurance Company; San Jose Clash In Care Of Esis; San Jose Grizzlies, State Compensation Insurance Fund

This case involves a workers' compensation claim by Troy Dayak, a professional soccer player, for a cumulative trauma injury sustained over the period ending May 14, 2005. The defendant, Berkley Specialty Underwriting Managers, LLC, sought reconsideration of the Findings and Award and Order, issued May 13, 2010, which found that Dayak had sustained an industrial cumulative trauma injury. The Workers' Compensation Appeals Board granted reconsideration and amended the Findings and Award and Order to find that Dayak's date of injury for his cumulative trauma was the period ending December 28, 2004, and returned the matter to the trial level for further proceedings.

San Jose Earthquakes, Berkley Specialty Underwriting Managers, Gulf/Travelers Insurance Company; San Jose Clash In Care Of Esis; San Jose Grizzlies, State Compensation Insurance Fund Troy Dayak WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATROY DAYAK, Applicant,vs.SAN JOSE EARTHQUAKES, BERKLEY SPECIALTY UNDERWRITING MANAGERS, GULF/TRAVELERSINSURANCE COMPANY; SAN JOSE CLASH in care of ESIS; SAN JOSE GRIZZLIES, STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2846580OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, Berkley Specially Underwriting Managers, LI.C seeks reconsideration of the Findings and Award aid Order, issued May 13. 2010, in which a workers’ compensation administrative law judge (WCJ) found applicant, Troy Dayak, sustained an industrial cumulative trauma injury to various parts of his body over the period ending May 14, 2005, while employed as a professional athlete by various soccer teams, the last being the San Jose Earthquakes and Major League Soccer.            Defendant contends the WCJ erred in her finding of the end date for the period of applicant’s cumulative trauma injury. Defendant argues that the date of applicant’s cumulative trauma injury should be found to be through December 28, 2004, which was prior to defendant’s period of coverage. Defendant argues that the determination should be based upon the opinion of Dr. Hinbund, who found applicant to have reached permanent and stationary status as of the date of his December 28, 2004 examination. Defendant further argues that applicant’s disability should , also be apportioned to various specific injuries that pre-dated defendant’s period of coverage. Applicant has filed an answer to defendant’s petition.            For the reasons set forth below, we shall grant reconsideration to amend the Findings and Award and Order to find applicant’s date of injury for his cumulative trauma was the period ending December 28, 2004, a

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