BCBG; CNA CASUALTY OF CALIFORNIA, GRACIELA FUENTES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGRACIELA FUENTES, Applicant,vs.BCBG; CNA CASUALTY OF CALIFORNIA, Defendant(s).Case No. ADJ2640386 (POM 0249763)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on August 19, 2009. In that decision, the WCJ found that applicant, while employed as a payroll coordinator (computer) during the period from May 16, 1994 through July 19, 2000, sustained industrial injury to her upper extremities, neck and psyche, but did not sustain an industrial injury in the form of fibromyalgia or chronic pain syndrome. The WCJ also found that permanent disability could not be determined pending development of the record as to the level of psychiatric disability. The WCJ further found that applicant would require further medical treatment to cure or relieve her from the effects of the orthopedic injury, but deferred any finding on medical treatment regarding injury to her psyche. In her Petition for Reconsideration, applicant contends that the WCJ erred in finding that she did not sustain industrial injury in the form of fibromyalgia in reliance on the medical opinion of Mark A. Mandel, M.D., the second Agreed Medical Evaluator (AME) in orthopedics. Applicant argues that the most qualified doctor to determine whether applicant’s fibromyalgia is industrially caused is a rheumatologist, not an orthopedist. Applicant further contends that the record is not sufficiently developed as the WCJ ordered the parties to have their psychiatrists review Dr. Mandel’s orthopedic report to determine applicant’s level of disability. Applicant argues that if the psychiatrists disagree with Dr. Mandel and determine that her fibromyalgia was , industrially caused, then applicant would be precluded from obtaining a portion of the workers’ compensation b
