Maria Razo, vs. Gc Services, Ltd. And Xl Specialty Insurance Co., Administered By Gallagher Bassett Services, Inc.,

In this case, Maria Razo is claiming injury to her neck, shoulders, upper extremities/arms, wrists, hands, fingers, and internal system and in the form of headaches and hair loss, while employed by defendant as a clerk during the period from December 20, 2005 through May 31, 2013. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the Findings and Order issued by the workers' compensation administrative law judge. The Board found that the reports from the primary treating physician and the Qualified Medical Evaluator were not substantial evidence and that the date of injury for a cumulative trauma claim is the date upon which the employee first suffered disability therefrom and either knew, or in the exercise

Gc Services, Ltd. And Xl Specialty Insurance Co., administered by Gallagher Bassett Services, Inc., Maria Razo, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA RAZO,Applicant,vs.GC SERVICES, LTD. and XL SPECIALTY INSURANCE CO., administered by GALLAGHER BASSETT SERVICES, INC.,DefendantsCase No. ADJ8949357(Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Order (F&O) issued by the workers! compensation administrative law judge (WCJ) on August 1, 2017, wherein the WCJ found in pertinent part that applicant’s injury claim is not barred by Labor Code section 3600(a)(10) and that the medical reports submitted by the parties do not constitute substantial evidence regarding the issue of injury arising out of and occurring in the course of employment (AOE/COE) so the record needs further development.            Defendant contends that the report from the orthopedic panel Qualified Medical Evaluator (QME) Richard Boghossian, D.C., is substantial evidence that applicant did not sustain an injury as claimed. Defendant also contends that applicant’s employment was terminated on May 31, 2013 and that she did not report her injury or seek medical treatment prior to that date so her injury claim is barred by the provisions of Labor Code section 3600(a)(10).            We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be denied. We received an Answer from applicant.            We have considered the allegations in the Petition and the Answer and the contents of the Report. Based upon our review of the record, and for the reasons set forth below, we will grant reconsideration, rescind the F&O, and return the matter to the WC] for further proceedings consistent with our decision. , BACKGROUND            Applicant claimed injury to her neck, shoulders, upper extremities/

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