RAYMUNDO CHAVEZ vs. OAKHURST INDUSTRIES; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case is about Raymundo Chavez, who was employed as a dough mixing operator on June 5, 2006. He sustained an industrial injury to his lower back and psyche, but not his internal system and sleep disorder. The Workers' Compensation Appeals Board denied Chavez's petition for reconsideration of the September 5, 2012 Findings of Fact and Award, finding that the medical reports of treating physician Elena Konstat, Ph.D. and Qualified Medical Evaluator (QME) Katalin Bassett, M.D. did not constitute substantial evidence for Chavez's psychiatric injury, and that the medical report of treating physician Ronald Zlotolow, M.D. did not constitute substantial evidence for Chavez's internal system injury and sleep disorder.

OAKHURST INDUSTRIES; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA RAYMUNDO CHAVEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAYMUNDO CHAVEZ, Applicant,vs.OAKHURST INDUSTRIES; TRAVELERS PROPERTY CASUALTYCOMPANY OF AMERICA, Defendants.Case No. ADJ4096872 (LAO 0877065)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Applicant seeks reconsideration of the September 5, 2012 Findings of Fact and Award (FF&A), wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a dough mixing operator on June 5, 2006, sustained industrial injury to his low back and psyche, but not his internal system and sleep disorder. The WCJ found that applicant was entitled to 54% permanent disability with no apportionment, that applicant’s occupational group is 420, and that applicant’s attorney was entitled to attorney’s fees of 15%.            Applicant contends that the WCJ erred in calculating the percentage of applicant’s permanent disability for his psychiatric injury, arguing that the WCJ should have relied on the medical reports of treating physician Elena Konstat, Ph.D. and Qualified Medical Evaluator (QME) Katalin Bassett, M.D. Applicant also contends that the WCJ erred in finding that applicant did not sustain industrial injury to his internal system and sleep disorder, arguing that the WCJ should have relied on the medical report of treating physician Ronald Zlotolow, M.D.            We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied.            For the reasons discussed below, we will deny applicant’s Petition for Reconsideration. , FACTUAL BACKGROUND            Applicant filed his Amended Application for Adjudication of Claim on July 23, 2009, claiming that he sustained industrial injury to his lo

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