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Guillermo Palacios, vs. Speed Trims Business Management; Zurich North America; Administered By Gallagher Bassett Services,

Speed Trims Business Management; Zurich North America; administered by Gallagher Bassett Services, Guillermo Palacios, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUILLERMO PALACIOS,Applicant,vs.SPEED TRIMS BUSINESS MANAGEMENT; ZURICH NORTH AMERICA; administered by GALLAGHER BASSETT SERVICES,Defendants.Case Nos. ADJ9549208ADJ10548669(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, Speed Trims Business Management, by and through its insurer, Zurich North America, has filed a petition seeking reconsideration of the Joint Findings and Award and Order of Commutation, issued February 22, 2017, in which a workers’ compensation administrative law judge (WCJ) found in ADJ9549208, that applicant, Guillermo Palacios, sustained 40% permanent disability as a result of an admitted industrial cumulative trauma injury to his cervical spine, bilateral shoulders and lumbar spine over the period March 31, 2013 to March 31, 2014, while employed as a driver and sewing machine operator. The WCJ found applicant did not sustain any period of temporary total disability. In ADJ10548669, the WCJ found applicant did not sustain an industrial injury on March 31, 2013, and ordered that applicant take nothing further.            Defendant’s petition, filed only in ADJ95492081, contests the inclusion of disability from applicant’s left shoulder in the permanent disability rating, arguing that there is no substantial medical evidence in the record to support the WCJ’s rating instruction pertaining to applicant’s left shoulder. Defendant further contends the WCJ erred in awarding all disability in the cumulative trauma case, where there was evidence that applicant did in fact sustain a specific injury, such that the overall permanent disability should have been apportioned between the specific and cumulative trauma injuries, [sub]1 [/sub]As both matters were consolidated and determined in a Joint Fin


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