Sunshine Gardening Service; Zenith Insurance Company Joseph Vassel , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________DEIDRA E. LOWEI CONCUR,_______________________________________________SUSAN V. HAMILTONCONCURRING, BUT NOT SIGNING_______________________________________________RONNIE G. CAPLANEDATED AND FILED AT SAN FRANCISCO, CALIFORNIA AUG 08 2011SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.JOSEPH VASSEL HANSEN LAW OFFICEcsl , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardJOSEPH VASSEL, Applicant,vs.SUNSHINE GARDENING SERVICE, ZENITH PLEASANTON, DefendantsCASE NO.: ADJ3622683 (formerly EUR 0039238)REPORT AND RECOMMENDATION ON RECONSIDERATIONIINTRODUCTION 1. The injured employee is a thirty-two year old gardener who sustained injury to his back and neck arising out of and occurring in the course of his employment on September 3, 2003. The injury was sustained when applicant was lifting to dump a wheelbarrow full of gravel into a raised bed and felt a pop in his low back. 2. Petitioner is applicant, in propia persona. The Petition for Reconsideration is verified, and timely filed. 3. Petitioner seeks to set aside the Findings and Award issued herein on June 18, 2009, determining in part that applicant’s injury resulted in 2% permanent partial disability after apportionment and that applicant has not been in need of chiropractic treatment since January 11, 2005, on the ground that the evidence does not justify the Findings of Fact, that applicant has discovered new evidence material to him which could not with reasonable diligence have been produced at the hearing, and that the Findings of Fact do not support the Order, Decision, or Award.
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