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ELMER SALAZAR MUNOZ vs. DENNY’S RESTAURANT; HARTFORD INSURANCE COMPANY

DENNY’S RESTAURANT; HARTFORD INSURANCE COMPANY ELMER SALAZAR MUNOZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELMER SALAZAR MUNOZ, Applicant,vs.DENNY’S    RESTAURANT; HARTFORD INSURANCE COMPANY, Defendants.Case Nos. ADJ7448890ADJ7816111(Van Nuys District Office)OPINION AND ORDERS DISMISSING PETITION FOR REMOVAL; GRANTINGRECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration/removal of the August 27, 2012 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a manager from June 16, 2009 to June 16, 2010, sustained industrial injury to his back, with radiating pain to his lower extremities. The WCJ found that applicant was entitled to temporary disability indemnity at the rate of $600.73 starting June 10, 2010 and continuing until the expiration of the 104-week limit on temporary disability, except that the Employment Development Department was entitled to receive $484.00 per week for the period from June 17, 2010 to June 15, 2011 and applicant’s attorney was entitled to a 15% attorney’s fee. The WCJ found that applicant’s medical reports were admissible as to the issue of whether applicant’s injury arose out of and occurred in the course of his employment, and took all other issues off calendar pending the filing of a declaration of readiness to proceed.            Defendant contends that the WCJ erred in finding that applicant sustained a cumulative trauma injury, arguing that the WCJ improperly required defendant to disprove causation on the issue of cumulative trauma and that applicant did not establish a prima facie case of cumulative trauma injury.            We have considered the Petition for Reconsideration/Removal and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration/Removal (Report), recommending that the Petition be denied. ,             Fo

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