Sensient Technologies; Zurich American Insurance Co., administered by Sedgwick CMS; Ace American Insurance Co., administered by Specialty Risk Services Reyna Marquez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACase Nos.ADJ7564482ADJ7552195(Sacramento District Office)OPINION AND ORDER DENYINGRECONSIDERATIONREYNA MARQUEZ,Applicant,vs.SENSIENT TECHNOLOGIES; ZURICHAMERICAN INSURACE CO., administered bySEDGWICK CMS; ACE AMERICANINSURANCE CO., administered bySPECIALTY RISK SERVICES,Defendants. Defendant Zurich American Insurance Company (Zurich) petitions for reconsideration of the Findings of Fact served on November 29, 2012 in case number ADJ7552195. Defendant ACE American Insurance (ACE) petitions for reconsideration of the Findings of Fact served on November 29, 2012 in case number ADJ7564482. The workers’ compensation administrative law judge (WCJ) found that applicant sustained industrial injury to her left shoulder on August 13, 2009 (ADJ7552195), at which time her employer, Sensient Technologies, was insured by Zurich. The WCJ also found that applicant sustained industrial injury to her low back on September 12, 2010 (ADJ7564482), at which time Sensient Technologies was insured by ACE. Zurich contends that the WCJ’s finding of industrial injury to applicant’s left shoulder is not supported by substantial medical evidence. Zurich further contends that it was denied due process when the WCJ relied on a supplemental report from the agreed medical evaluator in orthopedics, Dr. Charles F. Xeller, without allowing further discovery in response to that report. ACE contends that the WCJ’s finding of industrial injury to applicant’s low back is not supported by substantial medical evidence. ACE, like Zurich, also contends that it was denied due process in relation to Dr. Xeller’s supplemental report. We have considered the Petitions for Reconsideration, and we have reviewed the record in this , matter. We have rece
