ADJ595875

/ANA0388262

This case involves a dispute between the San Jose Sharks and Adam Nittel, the defendant, regarding the application of the 2005 Schedule to injuries arising before January 1, 2005. The defendant filed an Answer and the applicant filed a Request for Supplemental Petition for Reconsideration. After reviewing the record, the Workers’ Compensation Appeals Board denied the reconsideration, finding that the employer was not required to provide section 4061 notice prior to January 1, 2005, as the applicant had not established that he received salary continuation in 2001.

(AHM 0145185)

This case involves a professional athlete, Adam Nittel, who was employed by the San Jose Sharks and the Chubb Group Los Angeles from August 20, 1997 to June 10, 2002. During this time, Nittel sustained industrial injury to multiple body parts. The Workers’ Compensation Appeals Board found that Nittel first knew or should have known that he had the right to file a workers’ compensation claim in July 2007. The Board also found that Nittel’s injury reached maximum medical improvement and became permanent and stationary on June 10, 2003, and that the injury caused 100% permanent disability with no basis for apportionment and caused need for further medical treatment. The Board granted reconsideration,

In this case, Adam J. Nittel, an applicant, filed a petition for reconsideration against San Jose Sharks and Chubb Services Corporation, a defendant. Nittel was employed as a professional athlete from August 20, 1997 to June 10, 2002 and claims to have sustained an industrial injury to multiple body parts. A mandatory settlement conference was held on April 7, 2009 and the matter was taken off calendar so that the defendant could complete discovery. The defendant scheduled an appointment with a qualified medical evaluator on August 13, 2009, but did not succeed in scheduling a deposition and four defense QME appointments in four areas of medical specialty within a reasonable period of time. The case was tried and submitted for decision on January 27,

In this case, Adam J. Nittel, an applicant, is suing the San Jose Sharks and Chubb Services Corporation for a workers’ compensation claim. The defendant has requested that the Appeals Board rescind the Order dated November 24, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered this matter continued to trial and closed discovery. The Appeals Board has granted the defendant’s petition for removal and has rescinded the Order dated November 24, 2009, returning the case to the trial level to be set for another mandatory settlement conference ninety days from the date of the opinion. The defendant is expected to have received the evaluations that it scheduled for the third week of January by then, and the case should be in a posture to