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Emil Sulek vs. Waste Management; Ace American Insurance Company

Waste Management; ACE American Insurance Company Emil Sulek WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEMIL SULEK, Applicant,vs.WASTE MANAGEMENT; ACE AMERICAN INSURANCE COMPANY, Defendants.Case No. ADJ7131693OPINION AND ORDERS DENYING PETITIONS FOR RECONSIDERATION OR REMOVAL            Lien claimant Employment Development Department (EDD) seeks reconsideration and defendant seeks removal or reconsideration of the August 1, 2011 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to his bilateral shoulders while employed by defendant as a trash truck driver during the period August 18, 2008 to August 17, 2009, causing temporary total disability from February 21, 2011 to the present, and a need for future medical treatment “consistent with the recommendation found in the reporting of doctors [Phillip] Conwisar[, M.D.] and [Qualified Medical Examiner (QME) Robert] Lawrence[, M.D.].” (Bracketed material added.) The WCJ’s decision includes no reference to EDD’s lien claim.            EDD contends that the WCJ should have provided for its lien claim in his August 1, 2011 decision and Award.            Defendant contends that it should have been allowed to present the testimony of impeachment witnesses at the trial conducted on May 25, 2011, notwithstanding that the witnesses were not identified by defendant on the pretrial conference statement filed by the parties on April 25, 2011, and notwithstanding defendant’s failure to provide applicant with copies of statements it obtained from the witnesses before trial pursuant to applicant’s request. Defendant further contends that it was error for the WCJ to award medical treatment pursuant to the reporting of Dr. Conwisar and Dr. Lawrence because medical treatment was not identified as an issue at trial. ,             An answer was received from applicant. The WCJ provided an August 17, 2011 Report and Recommendation on Petition for Re

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