Cemak Trucking; CNA Clamplus Arturo Benavides WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARTURO BENAVIDES, Applicant,vs.CEMAK TRUCKING; CNA CLAIMPLUS, Defendants.Case Nos. ADJ2189118 (LAO 0881981)ADJ191684 (LAO 0880982)OPINION AND DECISION AFTER RECONSIDERATION We granted the Petition for Reconsideration by defendants CNA ClaimPlus and Cemak Trucking (defendant) on May 1, 2012 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings of Fact and Award and Orders issued in ADJ2189118 on February 12, 2012 by a workers’ compensation administrative law judge (WCJ). The WCJ found in pertinent part that applicant Arturo Benavides sustained industrial injury on June 5, 2007 to his left shoulder, neck, internal system, and psyche, that the injury caused temporary disability from September 27, 2007 to December 10, 2007, and that the injury caused permanent disability of 96%. The WCJ also issued a Findings of Fact and Award and Orders in ADJ 191684, in which he found in pertinent part that applicant sustained industrial injury on March 29, 2002 to his right shoulder, right elbow, internal system and psyche and that the injury caused permanent disability of 31%. Defendant contended in pertinent part that the reports of applicant’s treating physicians were not substantial evidence to support a finding of injury and that there was no basis for a finding of permanent disability for applicant’s injuries to psyche and internal. We received a petition to dismiss defendant’s petition from applicant, which we treat as an answer. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ which recommended that defendant’s petition be denied. , We have reviewed the record and considered the allegations in the petition for reconsideration and the answer and the contents of the R
Arturo Benavides vs. Cemak Trucking; Cna Clamplus
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ2189118
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