Conco Cement; California Insurance Guarantee Association through its servicing facilty Xchanging Inc.;for Fremont Compensation,in liquidation Felipe Tolentino WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAFELIPE TOLENTINO,Applicant, vs. CONCO CEMENT; CALIFORNIAINSURANCE GUARANTEE ASSOCIATIONthrough its servicing facility XCHANGINGINC., for FREMONT COMPENSATION, in liquidation, Defendant(s).Case No. ADJ3133261 (VNO 0400017)OPINION AND ORDERSDISMISSING PETITION FORRECONSIDERATION ANDGRANTING PETITION FOR RECONSIDERATION, DECISION AFTER RECONSIDERATION, AND NOTICE OF INTENTION TOIMPOSE SANCTIONS AGAINSTDEFENDANT’S COUNSEL Lien claimant, Dr. Marvin Pietruszka and De) Carmen Medical Center, and defendant seek reconsideration of the June 7, 2010 Findings of Fact and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a laborer on December 9, 1999, sustained industrial injury to his back, left leg. psychological system, and urological system (in the form of erectile dysiiinction), and did not sustain industrial injury to his endocrine system (in the form of diabetes and weight gain), heart, cardiovascular system, and neurological system (in the form of headaches). He found the injury was a “sudden and extraordinary event,” and was not barred by Labor Code section 3208.3(d). The Wtj found that applicant’s injury caused 66 percent permanent disability, after apportionment to pre-existing factors for the back. He found applicant entitled to further medical care, but not entitled to any further temporary disability indemnity. He found defendant entitled to overpayment of temporary disability indemnity for the period March 13, 2002, to April 15, 2002. Lien claimant contends the WCJ erred in finding no internal injury, specifically with respect to diabetes mellitus (endocrine system), hypertension (cardiovascular system), and , inhalation injury secondary to exposure to cement particle
