Martha Gutierrez, vs. American Technical Molding, Kelly Service; Esis For Ace Usa; Ciga As Administered By Intercare Insurance Services For Hih Insurance In Liquidation,

In this case, Martha Gutierrez claimed that she sustained a cumulative trauma injury while employed by American Technical Molding and Kelly Services from January 1999 to September 2000. The Workers' Compensation Appeals Board denied her petition for reconsideration, finding that she did not sustain a cumulative trauma injury during that period as she did not suffer any disability or seek medical treatment prior to December 18, 2001, when she began working for Benchmark Services. The Board also found that the Agreed Medical Evaluator's report was not helpful in determining liability as it confused the dates of employment.

AMERICAN TECHNICAL MOLDING, KELLY SERVICE; ESIS for ACE USA; CIGA as administered by INTERCARE INSURANCE SERVICES for HIH INSURANCE in liquidation, MARTHA GUTIERREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTHA GUTIERREZ, Applicant,vs.AMERICAN TECHNICAL MOLDING, KELLY SERVICE; ESIS for ACE USA;CIGA as administered by INTERCARE INSURANCE SERVICES for HIH INSURANCE in liquidation, Defendant(s).Case No. ADJ1359948 (POM 0278876)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Applicant seeks reconsideration of the September 8, 2009 Findings of Fact and Order, wherein the workers’ compensation administrative law judge (WCJ) found that applicant did not sustain a cumulative trauma injury while employed by American Technical Molding and Kelly Services, and ordered applicant to take nothing. Applicant had claimed that she sustained industrial injury to “bilateral carpal tunnel syndrome, due to repetitive lifting” during the period January 1999 to September 2000, while employed as an assembler.            Applicant contends the WCJ erred in not finding a cumulative trauma injury, arguing that she timely filed her claim, that Labor Code section 5500.5 does not shield defendants because there were multiple cumulative traumas, and that the Agreed Medical Evaluator’s (AME) report was not speculative and should be afforded great weight.            We have considered the Petition for Reconsideration and defendant California Insurance Guarantee Association’s Answer, 1 and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending 1We commend defendant for its specific references to the record, as required by Appeals Board Rule 10842 (Cal. Code Regs., tit. 8, § 10842.) , that the petition be denied.            For the reasons expressed in the WCJ’s Report, which we adopt and incorporate, and for the reasons discussed below, we will deny applicant’s petition for recon

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