Ruben Quinones, vs. New Albertson’s/supervalu; Permissibly Self-insured, Administered By Specialty Risk Services,

This case involves Ruben Quinones, an applicant, and New Albertson's/Supervalu, a defendant. Quinones sought reconsideration of a December 3, 2008 Findings and Award, wherein the workers' compensation administrative law judge found that Quinones, while employed as a warehouse person on February 25, 2004, sustained industrial injury to his neck and left shoulder, and did not sustain industrial injury as to diabetes, internal, or high blood pressure. The WCJ found that Quinones' injury caused 6% permanent disability and need of further medical treatment. The Appeals Board denied Quinones' petition for reconsideration, finding that the opinion of the defense internal medicine qualified medical evaluator constituted substantial evidence and that the WCJ's

NEW ALBERTSON’S/SUPERVALU; Permissibly Self-Insured, Administered by SPECIALTY RISK SERVICES, RUBEN QUINONES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARUBEN QUINONES, Applicant,vs.NEW ALBERTSON’S/SUPERVALU; Permissibly Self-Insured, Administered by SPECIALTY RISK SERVICES, Defendant(s).Case No. ADJ2034554 (ABM 0128191)OPINION AND ORDER DENYING PETITION FOR            Applicant seeks reconsideration of the December 3, 2008 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a warehouse person on February 25, 2004, sustained industrial injury to his neck and left shoulder, and did not sustain industrial injury as to diabetes, internal, or high blood pressure. The WCJ found that applicant’s injury caused 6% permanent disability and need of further medical treatment.            Applicant contends the WCJ erred in finding no industrial aggravation of applicant’s diabetes, arguing that Dr. Markovitz’s opinion is not substantial evidence and that we should rely on the opinion of Dr. Stewart or return the matter to the WCJ for further development of the record.            We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. The WCJ was unavailable to prepare a Report and Recommendation on Petition for Reconsideration.            For the reasons discussed below, we will deny applicant’s petition for reconsideration.            Applicant sustained an admitted injury on February 25, 2004, to his neck and left shoulder, and claimed to have sustained industrial injury to diabetes, internal, and high blood pressure. The , parties stipulated to 6% permanent disability for the orthopedic portion of the injury. Trial was held on November 12, 2008. Applicant testified that he was diagnosed as diabetic in 1995 or 1996. He testified that he was off work 16 to 17 months after his 2004 industrial injury. He believed he lost streng

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