Hector Garcia vs. Cintas Corporation; Discover-re, Administered By Cambridge Integrated Services

Cintas Corporation; Discover-Re, Administered by Cambridge Integrated Services Hector Garcia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHECTOR GARCIA, Applicant,vs.CINTAS CORPORATION; DISCOVER-RE, Administered by CAMBRIDGE INTEGRATED SERVICES, Defendants.Case Nos. ADJ7009408ADJ7468557OPINION AND DECISION AFTER RECONSIDERATION            On August 2, 2011, 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.            Defendant, Cintas Corporation, by and through its insurer, Discover-Re, seeks reconsideration of the Joint Findings and Award, served May 10, 2011, in which a workers’ compensation administrative law judge (WCJ) found applicant, Hector Garcia, sustained a specific injury on May 1, 2009 and a cumulative trauma injury over the period ending September 9, 2009, to his bilateral upper extremities, while employed as a maintenance worker. The WCJ found applicant’s disability was caused by both injuries, and deferred all other issues to be adjusted by the parties, with jurisdiction reserved.            Defendant first contests the finding of cumulative trauma injury, asserting that the evidence establishes that all of applicant’s disability was caused by his specific injury and none by the cumulative trauma injury. Second, defendant contends the specific injury is barred under Labor Code section 3600(a)(10), asserting applicant did not file a claim of injury until after he received notice of his termination and the employer did not have notice of applicant’s injury prior to applicant’s termination.            Defendant has also filed a request to file a supplemental petition for reconsideration, pursuant to WCAB Rule 10848, for the purpose of submitting the reporter’s transcript of the afternoon proceedings , on March 15, 2011, and referencing the portions of applic

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