MASTER FINANCIAL, INC.; and MID-CENTURY INSURANCE COMPANY, DONNA SMITH, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONNA SMITH, Applicant,vs.MASTER FINANCIAL, INC.; and MID- CENTURY INSURANCE COMPANY, Defendant.Case No. ADJ2522892 (ANA 0394094)OPINION AND ORDER DENYING RECONSIDERATION Applicant seeks reconsideration of the Findings and Award of September 30, 2009, wherein the workers’ compensation judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to her upper extremities during a period through September 30, 2005, while employed as a bankruptcy manager by Master Financial, Mid-Century Insurance Company’s insured on the date of injury, that the May 31, 2007 report of Roy J. Caputo, M.D., an orthopedic surgeon and applicant’s primary treating physician, was not admissible, and that the injury caused a need for further medical treatment, but not permanent disability, entitling applicant to further medical treatment. Applicant contends that the. WCJ erred in finding that the injury caused 0% permanent disability and, instead, that he should have ordered or allowed the parties to develop the record regarding the extent of permanent disability caused by the injury, arguing that “if the body of evidence presented at the time of trial is sufficient to prove that either the impairment percentage produced under the AMA Guides or the DFEC [diminished future earning capacity] adjustment factor is inadequate, the WCJ has a duty to determine permanent disability on the remaining evidence submitted and, if necessary, to develop the record in order to enable him to make a determination on substantial evidence.” Applicant further argues, and cites the Appeals Board’s en banc decisions in Almaraz v. Environmental Recovery Services (2009) 74 Cal.Comp.Cases 1084 , and Ogilvie v. City and County of San Francisco (2009) 74 Cal.Comp.Cases 1127 as purported support therefor, that the WCJ should have compared applicant’
