Joseph Valtierra vs. Tcb Industrial; State Compensation Insurance Fund

TCB Industrial; State Compensation Insurance Fund Joseph Valtierra WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH VALTIERRA, Applicant,vs.TCB INDUSTRIAL; STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ2329367 (OAK 0323054)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION             Defendant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on February 8, 2013, wherein the WCJ found that applicant, while employed as a millwright on January 24, 2001 and during a cumulative trauma period, sustained industrial injury to his right and left shoulder, causing 73% permanent disability and a need for further medical treatment.            Defendant contends, in essence, that the WCJ erred in finding 73% permanent disability, arguing that the WCJ should not have relied on the opinions of Fred Blackwell, M.D., regarding the left shoulder because his reports do not constitute substantial evidence. Defendant also contends that the WCJ erred in merging two injuries into one and failing to apportion applicant’s disability.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. No Answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. For the reasons set forth herein, we will grant reconsideration, rescind the February 8, 2013 Findings and Award, and return the matter to the trial level for further proceedings and a new decision.////// , FACTS            Applicant sustained a specific industrial injury to his right shoulder on January 24, 2001. Defendant accepted liability for the right shoulder injury, and benefits were provided. Applicant underwent three surgeries to the right shoulder. He continued to work as a millwright intermittently after the January 24, 2001 injury.            Applicant experienced problem

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