Spa Hotel & Casino; California Casualty, Administered by Gab Robins North America Samantha Van Duinhoven WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA SAMANTHA VAN DUINHOVEN, Applicant,vs.SPA HOTEL & CASINO; CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA, Defendants.Case No. ADJ1088522 (RIV 0015524)OPINION AND DECISION AFTER RECONSIDERATION On January 20, 2012, we granted defendant’s Petition for Reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our Decision After Reconsideration. Applicant, while employed as a spa director, sustained an industrial injury on January 15, 1996. On November 1, 2011, the workers’ compensation administrative law judge (WCJ) filed a Findings and Award, finding in relevant part that applicant had sustained injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome and that she was permanently totally disabled, and awarding permanent disability indemnity and attorney’s fees. Defendant filed a timely, verified Petition for Reconsideration. Defendant contends that the medical record does not support a finding of injury to the low back and that the finding of chronic pain syndrome is not supported by substantial evidence. Applicant has filed an Answer. With regard to the low back, applicant has been evaluated by two agreed medical evaluators (AMEs) in orthopedics: William H. Mouradian, M.D. (Exhibit X), and Peter M. Newton, M.D. (Exhibit Y). In Dr. Mouradian’s report dated June 29, 2000, he recorded that her major complaints were neck, , upper extremity, and headaches (page 4). He also noted that there was a sense of “soreness” on the left side of her low back (page 5). His diagnoses did not include anything related to the low back (page 7). He did not list factors of permanent disability for the low back (page 8). In Dr. Newton’s report dated September 19, 20
