Blue Diamond Growers; Lumbermen’s Mutual Casualty Company; Travelers Insurance Company Yvonne Jacoby WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYVONNE JACOBY, Applicant,vs.BLUE DIAMOND GROWERS; LUMBERMEN’S MUTUAL CASUALTYCOMPANY; TRAVELERS INSURANCE COMPANY, Defendant(s).Case No. ADJ3842741 (SAC 0339052),ADJ721144 (SAC 0346914)OPINION AND ORDERS DENYING RECONSIDERATION; GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Applicant and defendant Lumbermen’s Mutual Casualty Company (Lumbermen’s) each seek reconsideration of the March 16, 2010 Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant while employed as a can line operator through October 10, 2010 (Case No. ADJ3842741/SAC0339052) sustained industrial injury to her neck and upper extremities. The WCJ further found that the injury in Case No. ADJ3842741/SAC0339052 caused 37% permanent disability after apportionment of 30% to a prior injury and caused need of further medical treatment. Finally, the WCJ found that applicant did not sustain industrial injury to her neck and upper extremities while employed through July 31, 2004 (Case No. ADJ721144/SAC0346914). Applicant contends that the WCJ erred in finding apportionment of 30% arguing that the WCJ’s decision is not based on substantial medical evidence. Lumbermen’s contends that the WCJ should have found cumulative trauma injury in Case No. ADJ721144/SAC0346914 arguing that there is no substantial medical evidence that applicant , required continuous medical treatment between September 3, 2003 and February 19, 2005; that according to Steven Mann, M.D., applicant became permanent and stationary on September 3, 2003; and that, pursuant to Labor Code section 3208.1, the WCJ should have found two separate injuries where applicant had separate periods of need for treatment and disability. Def
