J.B. POINDEXTER & COMPANY INC., dba LEER WEST, INC., FERNANDO AYALA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFERNANDO AYALA, Applicant, vs.J.B. POINDEXTER & COMPANY INC., dba LEER WEST, INC., Defendant(s).Case No. ADJ2907372 (SAC 0341060)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Findings and Award issued November 19, 2008, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial cumulative injury to his back, from June 10, 1998 through June 10, 2003, resulting in 22% permanent disability and a need for further medical treatment. The WCJ specifically found that applicant “did not suffer injury to his knees arising out of and in the course of his employment … from June 10, 1998 through June 10, 2003.” Applicant contends that the WCJ erred by failing to find that applicant sustained a compensable industrial injury to his knees arguing that substantial medical evidence supports a finding that applicant sustained an industrial injury to his knees. Applicant argues that ‘bilateral knee internal derangement was diagnosed in the very first report of Paul Kaplan, M.D., dated December 3, 2004 (Exhibit 4)” and that “applicant did report knee pain on the DWC-l” form (Exhibit 8). Applicant further argues that “the 12 and 13 hours [sic] days spent bending, stooping and kneeling support a cumulative trauma injury to the knees.” Applicant also contends that Paul Kaplan, M.D.’s, medical opinion, is substantial evidence of applicant’s industrial bilateral knee injury. Finally, applicant contends that the WCJ’s Opinion on Decision includes an incorrect statement of the facts regarding applicant’s continuation of work after June 10, 2003. In fact, , applicant points out, applicant continued to work for his employer after June 10, 2003. Defendant filed an answer. We have reviewed applicant’s petition and the WCJ’s Report and Recomme
