Fluitt, Jonathan

Applicant Jonathan Fluitt, a sworn police officer, alleged a cumulative trauma injury (7/16/07-9/28/11) and a specific injury (7/18/09) while employed by the Cities of Colton and Fontana. The two cases were consolidated by stipulation at trial. Defendant City of Colton petitioned for reconsideration solely of the WCJ's exclusion of two exhibits (Exhibits D and E), which were letters dated 3/23/10 and 5/21/10 bearing on the statute of limitations defense, that defense counsel 'discovered' in its file midway through the first day of trial. The WCJ excluded the exhibits because they were relevant to a longstanding statute of limitations issue, had been demanded in discovery for over a year, and defendant offered no explanation for the late production. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration.