Mary Lopez vs. Granada Hills Community Hospital; Safety National Casualty Company

Granada Hills Community Hospital; Safety National Casualty Company Mary Lopez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARY LOPEZ, Applicant,vs.GRANADA HILLS COMMUNITY HOSPITAL; SAFETY NATIONAL CASUALTY COMPANY, Defendants.Case No. ADJ4579042OPINION AND DECISION AFTER RECONSIDERATION            On June 1, 2010, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision A Her Reconsideration.            Defendant, Granada Mills Community Hospital, by and through its insurer, Safety National Casually Company, filed a petition for reconsideration from the Findings of Fact, issued March 8, 2010, in which a workers’ compensation administrative few judge (WCJ) found that as a result of her admitted industrial injury to her neck and back on June 11, 2001, applicant Mary Lopez also sustained injury to her psyche and in the form of fibromyalgia.1            Defendant first contends that in finding injury to applicant’s psyche and in the form of fibromyalgia, the WCJ relied upon medical reports that do not constitute substantial medical evidence. Defendant argues that because applicant gave a false and inaccurate history to the defense Qualified Medical Fvaluator (QME) in psychiatry, Dr. Savodnik2, and a different history 1            As noted in the WCJ’s Report and Recommendation on Petition for Reconsideration, defendant’s petition for reconsideration, filed March 30, 2010, was not verified as required by Labor Code section 5902. However, defendant cured the defect by filing a verified amended petition on April 2, 2010. (Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cascs 1425.)2            While defendant refers to Dr. Savodnik as its QME in psychiatry. Dr. Savodnik did not examine applicant and never , to her QME in psychiatry; Dr.Friedman, their medical reports cannot be relied upon as substantial medical e

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