Balboa Water Group; Federal Insurance Comp Any By Chubb Group Of Insurance Companies, Sonia Diaz, , primary treating physician Jalil Rashti, M.D., and the September 21, 2012 report panel qualified medical examiner Peter Sofia, M.D[sub]3[/sub]. We received an answer from applicant (“Answer”). The WCJ filed a Report and Recommendation on Petition for Reconsideration (“Report”) wherein the WCJ recommends that the Petition for Reconsideration (“Petition”) be denied because defendant was put on notice as to applicant’s CT injury by Dr. Rashti’s June 18, 2012 report; however, applicant could not be expected to have notice from Dr. Rashti’s report (or Dr. Sofia’s September 21, 2012 report) as she requires Spanish-language interpretation. In addition, the WCJ notes that defendant failed to ask applicant questions at trial to evidence when she knew that she had a right to pursue a cumulative injury claim pursuant to City of Fresno v. Workers’ Comp. Appeals Bd. (Johnson) (1985) 163 Cal.App.3d 467 and other related cases. We have considered the allegations of the Petition and the Answer, the contents of the Report, and the record in this matter. Based on our review of the record, for the reasons set forth in the Report, which we adopt and incorporate herein, and for the reasons set forth below, we deny defendant’s Petition.I. Applicant filed an application for adjudication on April 4, 2016 claiming that she sustained a CT injury arising out of and in the course of her employment as a machine operator between October 1, 2010 and May 10, 2011 to her neck, back, shoulders, upper extremities, and knee patella. (Application for Adjudication, April 4, 2016, p. 9.) On May 20, 2016, the employer’s carrier served a Notice Regarding Denial of Workers’ Compensation Benefit (“2016 Denial”). (Def. Exh. B.) Defendant denied applicant’s CT injury claim because, in pertinent part, the employer’s internal investigation found no evidence of injury
