KAWEAH CONTAINER, INC.; ZENITH INSURANCE COMPANY JOSE LOPEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE LOPEZ, Applicant,vs.KAWEAH CONTAINER, INC.; ZENITH INSURANCE COMPANY, Defendants. Case No. ADJ8760174(Fresno District Office)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL, GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration and removal of the May 13, 2014 Findings of Fact and Orders issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that applicant, while employed as a laborer and general worker during the period from July 17, 2012 through December 12, 2012, sustained injury arising out of and in the course of employment (AOE/COE) to his right knee, but did not sustain injury AOE/COE to his neck, left hand, back and musculoskeletal system during the same period, and that the claimed injury to applicant’s neck, left hand, back and musculoskeletal system is barred as a post-termination claim, pursuant to Labor Code1 section 3600(a)(10). The WCJ also determined that applicant was terminated from his employment as an “at will” employee due to his failure to accept overtime assignments, and that he was not terminated illegally. The WCJ further found that the current record is insufficient to issue any findings regarding temporary disability or permanent disability. The WCJ ordered that three reports of the primary treating physician, Dr. Edward Opoku (Exhs. 3, 6 and 7), are inadmissible because they are not substantial evidence. Finally, it was ordered that applicant take nothing by way of his claim for increased 2compensation pursuant to section 132a. Applicant contends: (1) the claim of industrial injury to all body parts is supported by the reports 1 All further statutory references are to the Labor Code, unless otherwise noted. , of Dr. Opoku, which should not have been excluded from evidence; (2) his claim of injury is not barred by sect
