AERO ELECTRIC CONNECTOR; ST. PAUL TRAVELERS GARY NORTH WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGARY NORTH, Applicant,vs.AERO ELECTRIC CONNECTOR; ST. PAUL TRAVELERS, Defendants.Case No. ADJ162353 (MON 0339329)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant, St. Paul Travelers, on behalf of its insured, Aero Electric, Inc., seeks reconsideration of the Interim Findings and Order, issued August 14, 2012, in which a workers’ compensation administrative law judge (WCJ) found applicant, Gary North, sustained an industrial cumulative trauma injury to his neck, gastrointestinal system and in the forms of borderline hypertension, insulin resistance and sinusitis, but not to the other parts of his body alleged, while employed as a machinist over the period December 1, 2003 through August 8, 2005. Defendant contends the WCJ erred in finding applicant sustained an industrial cumulative trauma injury, arguing first that the opinion of the Agreed Medical Examiner (AME), Dr. Steven Silbart, does not constitute substantial medical evidence to justify the finding of injury to the neck because his opinion was based upon an inaccurate history and he failed to review all medical records. Next, defendant contends the WCJ erred in relying upon the opinion of Dr. David to find applicant sustained internal injuries because his report does not constitute substantial medical evidence, and because his appointment by a previous WCJ to report as a “regular physician” pursuant to Labor Code section 5701, was not justified and because Dr. David is now unavailable for deposition. Following our review of the record, and for the reasons set forth below, we shall affirm the Interim Findings and Order, and deny defendant’s petition for reconsideration./ / // / / , I. Applicant claimed he sustained industrial cumulative trauma injuries to multiple parts of his body while employed as a machinist over the period December 1, 200
