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Gabriel Castro vs. Carson Trailers Inc United States Fire Insurance Company

CARSON TRAILERS INC UNITED STATES FIRE INSURANCE COMPANY GABRIEL CASTRO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGABRIEL CASTRO, Applicant,vs.CARSON TRAILERS, INC.; UNITEDSTATES FIRE INSURANCE COMPANY, Defendants.Case No. ADJ4335469 (LAO 0846662)OPINION AND DECISIONAFTER RECONSIDERATION            We previously granted defendant’s petition for reconsideration of the April 15, 2014 Findings And Award of the workers’ compensation administrative law judge (WCJ) who found that applicant is entitled to transportation to and from medical visits and to four hours of home care per day, seven days a week.1            It is admitted that applicant sustained industrial injury to his back and other body parts while working as a welder for defendant on April 21, 2004.            Defendant contends that the WCJ’ s decision is based upon “stale” reporting by the parties’ orthopedic Agreed Medical Evaluator (AME) Richard Fedder, M.D., and that the WCJ should have ordered development of the medical record.            An Answer was received from applicant. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be denied.            We have carefully reviewed the record and considered the allegations of defendant’s petition and the WCJ’s Report with respect thereto. For the reasons stated by the WCJ in his Report, which is adopted and incorporated by this reference, and for the reasons below, the April 15, 2014 Findings And A ward is affirmed as our Decision After Reconsideration. 1 The April 15, 2014 decision was served the following day on April 16, 2014. ,             It is undisputed that Dr. Fedder opined on page 18 of his April 7, 2010 report that applicant “does require home care four hours per day, seven days a week” along with transportation to and from medical visits as part of the reasonable medical treatment of his industrial injury. (Applicant’s Exhibit 4.) The record contains no contrary opinio


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