Ralph’S Aka Kroger, Permissibly Self-Insured Dale Arnold WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADALE ARNOLD, Applicant, vs.RALPH’S AKA KROGER, Permissibly Self-Insured, Defendant(s).Case No. ADJ1498961 (SDO 0287241)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the July 16, 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed by defendant during the cumulative trauma period ending September 5, 2001, sustained industrial injury to his left shoulder, right elbow, right forearm, and right shoulder. The WCJ found that applicant requires future medical treatment to cure or relieve from the effects of this injury, including treatment to his right shoulder. Defendant contends the WCJ erred in finding industrial injury to the right shoulder, arguing that applicant did not meet his burden of proving injury to his right shoulder, that the opinion of the primary treating physician, Dr. Thomas Harris, does not constitute substantial medical evidence, and that the WCJ is obligated to follow the opinion of the agreed medical evaluator (AME). Dr. William Wintemitz. We have considered the Petition for Reconsideration and applicant’s Response, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. , For the reasons discussed below, we will grant defendant’s petition for reconsideration, amend the Findings and Award to find that applicant did not sustain industrial injury to his right shoulder, and otherwise affirm.BACKGROUND Trial was held on July 8, 2010, on the issues of injury to the right shoulder and need for medical treatment to the right shoulder. The parties stipulated that, during the cumulative trauma period ending September 5, 200
