Carmencita Fortuno, vs. Getz Corp; Travelers Walnut Creek,

is a case in which the defendant, Getz Corp; Travelers Walnut Creek, sought reconsideration or removal of a March 30, 2009 Findings and Order from the Workers' Compensation Appeals Board. The order found that the applicant, Carmencita Fortuna, sustained an industrial injury during a cumulative trauma period through May 13, 1998 to her bilateral upper extremities, bilateral carpel tunnel and psyche. The defendant argued that the WCJ erred in finding that he could not determine whether the applicant was entitled to a functional restoration program, arguing that the defendant correctly followed the utilization review procedure in Labor Code section 4610 and that the utilization review report finding that the applicant does not require a functional restoration program is presumptively correct. The

GETZ CORP; TRAVELERS WALNUT CREEK, CARMENCITA FORTUNO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARMENCITA FORTUNO, Applicantvs.GETZ CORP; TRAVELERS WALNUT CREEK, Defendant(s).Case No. ADJ3159733 (WCK 0051343)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL            Defendant seeks reconsideration, or, in the alternative, removal of the March 30, 2009 Findings and Order wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained an industrial injury during a cumulative trauma period through May 13, 1998 to her bilateral upper extremities, bilateral carpel tunnel and psyche.1 The WCJ also found that the medical reports on file are stale and that the WCJ could not determine whether or not the applicant is entitled to a functional restoration program prescribed by doctors Kasra Amirdelfan and Harold Rome. The WCJ vacated submission of the case and ordered that the record be further developed.            Defendant contends that the WCJ erred in finding that he could not determine whether the applicant is entitled to a functional restoration program, arguing that defendant correctly followed the utilization review procedure in Labor Code section 4610 and that the utilization review report finding that the applicant does not require a functional restoration program is presumptively 1Defendant submitted separate petitions for reconsideration and removal. Both petitions were largely identical and both petitions were not verified. Subsequently, defendant submitted an amended petition for reconsideration that included a verification. Because the petitions for reconsideration and removal were largely identical, we will accept the verification of the petition for reconsideration for the petition for removal. However, we remind defendant that pursuant to California Code of Regulations, title 8, section 10843(b), a peition for removal “shall be verified upon oath in the manner required for verifi

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