CA D’ORO BAKERY; CIGA for CASUALTY RECIPROCAL EXCHANGE, In Liquidation, FIDENCIO REYES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFIDENCIO REYES, Applicant,vs.CA D’ORO BAKERY; CIGA for CASUALTYRECIPROCAL EXCHANGE, In Liquidation, Defendants.Case No. ADJ2501382 (LAO 0781490)OPINION AND DECISION AFTER RECONSIDERATION On January 23, 2009, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration. Applicant, Fidencio Reyes, filed a petition for reconsideration from the Findings and Order, issued October 28, 2008, in which a workers’ compensation administrative law judge (WCJ) issued a take nothing order, finding applicant did not sustain industrial injuries on June 22, 20001, while employed as a baker by CA D’Oro Bakery, as alleged. Applicant contends the WCJ erred in concluding applicant did not sustain an industrial cumulative trauma injury. Applicant argues that the WCJ erred in relying upon defendant’s Qualified Medical Evaluator (QME) in orthopedics, asserting that the relevant rep~rt was not admitted into evidence, his reports are not admissible because they do not adequately comply with Labor Code section 4628, and do not constitute substantial medical evidence. Applicant next asserts that the reports of defendant’s QME in psychiatry, Dr. Windier, do not constitute 1The finding that applicant did not sustain an injury on June 22, 2000, is a clerical error, as the claim of injury is for a cumulative trauma ending on that date, and not a specific injury. We shall issue an order to correct this clerical error. , substantial medical evidence. Applicant further contends the WCJ should have found the claim of injury to be presumed, as defendant failed to establish that it timely denied the claim after receipt of notice. Finally, applicant contends the
Fidencio Reyes, vs. Ca D’oro Bakery; Ciga For Casualty Reciprocal Exchange, In Liquidation,
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ2501382
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