Karen Magill, vs. Tuesday Morning; Arrowood Indemnity Company,

In this case, Karen Magill, a former store manager, sought reconsideration of a workers' compensation administrative law judge's (WCJ) August 19, 2009 Findings and Award and Order. The WCJ found that Magill sustained industrial injury to her right shoulder, neck, right upper extremity, and back, but not to her left shoulder, ribs, left shoulder to the left fingers, gastrointestinal, and psyche. The WCJ found that Magill's injury caused temporary disability for the period August 11, 2004, through May 7, 2007, permanent disability after apportionment of 28 percent, and need for further medical treatment. Magill's petition for reconsideration was denied by the Workers' Compensation Appeals Board, who found

TUESDAY MORNING; ARROWOOD INDEMNITY COMPANY, KAREN MAGILL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN MAGILL, Applicant,vs.TUESDAY MORNING; ARROWOOD INDEMNITY COMPANY, Defendant(s).Case No. ADJ576600 (VNO 0507700)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Applicant seeks reconsideration of the August 19, 2009 Findings and Award and Order, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a store manager on March 17, 2003, sustained industrial injury to her right shoulder, neck, right upper extremity, and back, but not to her left shoulder, ribs, left shoulder to the left fingers, gastrointestinal, and psyche. The WCJ found that applicant’s injury caused temporary disability for the period August 11, 2004, through May 7, 2007, permanent disability after apportionment of 28 percent, and need for further medical treatment. The WCJ denied applicant’s motion to develop the medical record and did not admit into evidence Applicant’s Exhibit 3 (Dr. Levine’s October 6, 2008 report).            Applicant contends the WCJ erred by not addressing all admitted body parts in his decision, by not ordering development of the medical record, by failing to find injury to the ribs, and by refusing to accept Applicant’s Exhibit 3 into evidence.            We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. ,             For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will deny applicant’s petition for reconsideration.            Defendant’s argument that applicant waived her objection to the exclusion of a permanent disability rating for the back by not objecting to the rating instructions is not c

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