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BRYAN GAVIN vs. SUPERIOR READY MIX, Permissibly Self- Insured, Administered By TRISTAR RISK MANAGEMENT

SUPERIOR READY MIX, Permissibly Self- Insured, Administered by TRISTAR RISK MANAGEMENT BRYAN GAVIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRYAN GAVIN, Applicant,vs.SUPERIOR READY MIX, Permissibly Self- Insured, Administeredby TRISTAR RISK MANAGEMENT, Defendants.Case Nos. ADJ7268296ADJ7268292(San Diego District Office)OPINION AND DECISION AFTER RECONSIDERATION            On May 14, 2012, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration.            Defendant, Superior Ready Mix, permissibly self-insured, seeks reconsideration of the Joint Findings of Fact, issued February 22, 2012, in which a workers’ compensation administrative law judge (WCJ) found applicant, Bryan Gavin, sustained two cumulative trauma injuries, first to his low back over the period December 15, 2008 through December 15, 2009, and second to his right elbow over the period April 30, 2009 through May 21, 2009, while employed as a commercial truck driver by Superior Ready Mix. In finding applicant sustained compensable injuries, the WCJ relied upon the opinion of Dr. Nusbaum, D.C., the entire medical record and applicant’s credible testimony. The WCJ further found the reporting and deposition of the panel Qualified Medical Evaluator (QME), Dr. Ram, “contains many inaccuracies and is not persuasive.”            Defendant contests the WCJ’s finding that applicant sustained industrial cumulative trauma injuries to his low back and elbows, contending that admissible medical evidence does not meet applicant’s burden to establish industrial causation. Defendant argues that the reporting of the QME is inadequate, as found by the WCJ, and the report of Dr. Nusbaum is inadmissible. Applicant has filed an answer to defendant’s petition. ,             For the reasons set forth below, we shall rescind the Joint F

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