Spencer Sullivan vs. Sullivan Health Care Enterprises, Inc.; Granite State Insurance Company, C/o Aig Claims Services Inc.,adjusting Agent (general Employer); Tenet/ Fountain Valley Regional Hospital, Permissibly Self-insured, Administered By Specialty Risk Services (special Emploeyr)

Sullivan Health Care Enterprises, Inc.; Granite State Insurance Company, c/o AIG claims Services Inc.,Adjusting Agent (General Employer); Tenet/ Fountain valley Regional Hospital, Permissibly Self-Insured, Administered by Specialty Risk Services (Special Emploeyr) Spencer Sullivan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASPENCER SULLIVAN, Applicant,vs.SULLIVAN HEALTH CARE ENTERPRISES, INC.; GRANITE STATE INSURANCE COMPANY, c/o AIG CLAIMS SERVICES,INC., Adjusting Agent (General Employer); TENET/FOUNTAIN VALLEY REGIONAL HOSPITAL, permissibly Self-Insured, Administered by SPECIALTY RISK Services (Special Employer), Defendant(s).Case No. ADJ 2754082OPINION AND DECISION AFTER RECONSII)ERATION            On July 20; 2009, the Workers’ Compensation Appeals Board (Appeals woaraj granted reconsideration to further study the factual and legal issues. This is our decision afterreconsideration.            In the “Amended Findings and Order Nunc Pro Tunc” of May 5, 2009, the workers’ compensation judge (WCJ) found, in relevant part, that the applicant, Spencer H. Sullivan, owner of Sullivan Health Care Enterprises, Inc. and also an employee of Sullivan Health Care Enterprises, Inc., while working as a registered nurse, did not sustain industrial injury to his neck during a period of cumulative trauma (CT) ending September 30, 2001. Pursuant to these findings, the WCJ ordered that “since there are no findings of injuries…with Sullivan Health Care Enterprises Incorporated, the issue of credit for medical malpractice settlement is rendered moot.” ,                 Applicant sought reconsideration of the WCJ’s decision, contending that the WCJ erred in admitting certain medical evidence to rebut the presumption of injury under Labor Code section 5402, and that the WCJ erred in finding that the presumption was rebutted. Applicant further contended that the WCJ erred on the issue of when discovery should have begun, that defendant AIG should have begun discovery

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