SHARON LONG vs. KAISER FOUNDATION HOSPITALS, Administered By KAISER PERMANENTE

This case involves Sharon Long, an applicant, and Kaiser Foundation Hospitals, administered by Kaiser Permanente, the defendant. Long seeks reconsideration of the Findings and Order of October 13, 2011, in which the workers' compensation judge (WCJ) found that Long did not sustain industrial injury during the period December 24, 2004 through December 14, 2005, and that the lien claim of the Employment Development Department (EDD) is not reimbursable by the defendant. Long contends that she presented substantial evidence that she sustained an industrial cumulative trauma injury while working as a nurse for Kaiser, that her treating physicians at Kaiser have not issued an opinion on cumulative trauma that is substantial evidence, and that she was denied due process on account of the

KAISER FOUNDATION HOSPITALS, administered by KAISER PERMANENTE SHARON LONG WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHARON LONG, Applicant,vs.KAISER FOUNDATION HOSPITALS, administered by KAISER PERMANENTE, Defendant.Case No. ADJ3015289 (FRE 0242633)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings and Order of October 13, 2011, in which the workers’ compensation judge (WCJ) found that applicant did not sustain industrial injury during the period December 24, 2004 through December 14, 2005, and that the lien claim of the Employment Development Department (EDD) is not reimbursable by defendant.            Applicant contends, in substance, that she presented substantial evidence that she sustained an industrial cumulative trauma injury while working as a nurse for Kaiser, that applicant’s treating physicians at Kaiser have not issued an opinion on cumulative trauma that is substantial evidence, and that applicant was denied due process on account of the alleged failure of Dr. Sheplay, Qualified Medical Evaluator (QME), to issue a report which constitutes substantial evidence.            Defendant filed an answer.            The WCJ submitted a Report and Recommendation (“Report”).            According to the stipulations set forth in the Minutes of Hearing (MOH) of April 28, 2011, it is applicant’s claim that she sustained injury arising out of and in the course of employment to her neck, low back, spine, knees and psyche while employed as a registered nurse by Kaiser Foundation Hospital during the period December 14, 2004 through December 14, 2005. It was also stipulated that applicant’s primary treating physician is Dr. Catalino Dureza./// , In his Report, the WCJ provides a succinct factual overview as follows: “Applicant, Sharon Long, was employed by defendant, Kaiser Permanente, as a registered nurse during the period of alleged cumulative trauma. She claims indus

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