CHEVRON PRODUCTS COMPANY, Permissibly Self-Insured, MICHAEL COOKE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL COOKE, Applicant,vs.CHEVRON PRODUCTS COMPANY, Permissibly Self-Insured, Defendant.Case No. ADJ641606 (OAK 0331863)OPINION AND ORDER DENYING RECONSIDERATION Defendant seeks reconsideration of the July 9, 2012 Findings of Fact and Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a boilermaker on April 16, 1997, sustained industrial injury to his low back. The WCJ further found that the injury herein caused permanent total disability and need for further medical treatment. Defendant contends that the WCJ erred in finding applicant permanently totally disabled without apportionment arguing that the qualified medical examination (QME) opinion of Joseph Izzo, M.D., is not substantial evidence. Defendant further contends that the WCJ violated its right to due process by failing to admit medical records that rebutted Dr. Izzo’s opinion. Applicant filed an Answer. The WCJ did not issue a Report and Recommendation on Petition for Reconsideration.I. Based on our review of the record and for the reasons discussed below, we will deny reconsideration./ / / , Applicant sustained admitted injury to his low back while employed on April 16, 1997 Applicant obtained a QME with Dr. Izzo and defendant obtained a QME with David Chittenden, M.D. Dr. Izzo produced a November 4, 2008 QME report wherein he reviewed a seven-inch stack of records. (Dr. Izzo’s 11/12/08 report, at p. 9, applicant’s Exhibit 13.) Dr. Izzo also stated that: DISCUSSION: In summary, this is a relatively complicated case. However, I will try to summarize it as briefly and succinctly as possible. From my perspective, this patient did not have any ongoing low back problems prior to 1994. It is certa
