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Juan Enriquez vs. West Kern Dairy Zenith Insurance Company

WEST KERN DAIRY ZENITH INSURANCE COMPANY JUAN ENRIQUEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN ENRIQUEZ, Applicant,vs.WEST KERN DAIRY; ZENITH INSURANCECOMPANY, Defendants.Case Nos. ADJ7409041    ADJ7409039(Bakersfield District Office)OPINION AND ORDER    GRANTING PETITION FOR    RECONSIDERATIONAND DECISION AFTER    RECONSIDERATION            Defendant seeks reconsideration of the May 7, 2014 Findings and Orders issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, among other things, that applicant, while employed on July 8, 2010 in ADJ7409041 and during the cumulative period from March of 2008 through July 9, 2010 in ADJ7409039 as a milker (occupational group number 491) at Bakersfield, CA by West Kern Dairy, sustained injury arising out of and in the course of employment (AOE/COE) to his cervical spine, lumbar spine, bilateral lower extremities including the knees and feet, both upper extremities including the shoulders, hands and wrists. The WCJ also found that applicant did not sustain injury AOE/COE to the psyche, or by way of headaches, sleep difficulties or sexual dysfunction. The WCJ further found that the post-termination defense under Labor Code1 section 3600(a)(10) does not bar these claims.            Defendant contends: (1) Applicant’s claim of specific injury of July 8, 2010 in ADJ7409041 is barred by section 3600(a)(10) because he did not file a claim of injury until after he was terminated; and (2) there is no substantial evidence to support the finding of cumulative trauma AOE/COE in ADJ7409039. Applicant filed an Answer. The WCJ issued a Report and Recommendation of Workers’ Compensation Judge on Petition for Reconsideration (Report) recommending that we deny 1 All further statutory references are to the Labor Code, unless otherwise noted. , reconsideration.            Based on our review of the record and for the reasons discussed below, we shall grant reconsideration to amend Finding of Fact

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