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MARTHA PONCE vs. ASHLEY & J PHARMACY CORP, Dba ROSS MEDICAL PHARMACY; EMPLOYERS COMPENSATION INSURANCE COMPANY

ASHLEY & J PHARMACY CORP, dba ROSS MEDICAL PHARMACY; EMPLOYERS COMPENSATION INSURANCE COMPANY MARTHA PONCE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTHA PONCE, Applicant,vs.ASHLEY & J PHARMACY CORP, dba ROSS MEDICAL PHARMACY; EMPLOYERSCOMPENSATION INSURANCE COMPANY, Defendants.Case No. ADJ2630861 (LAO 0880530)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant, Employers Compensation Insurance Company, on behalf of its insured, Ashley & J Pharmacy dba Ross Medical Pharmacy, seeks reconsideration of the Findings and Award, issued August 30, 2012, in which a workers’ compensation administrative law judge (WCJ) found applicant, Martha Ponce, sustained 53% permanent disability as a result of an injury in the form of sleep loss in addition to her admitted cumulative trauma injury to her neck, back and psyche over the period September 30, 2006 through August 21, 2007, while employed as a medical biller/pharmacy clerk.            Defendant contends the WCJ erred in failing to apportion applicant’s orthopedic cumulative trauma injury to a separate unpled specific injury to her back on August 7, 2007, which occurred while she was moving furniture for her employer. Because applicant’s primary treating physician and the panel Qualified Medical Evaluator did not address this issue, defendant urges that the matter be returned to the trial level so the medical record may be further developed. Defendant also contests the permanent disability award to the extent it includes additional impairment for a sleep disorder, which defendant argues is subsumed by the ratings for her orthopedic and psyche injuries. Applicant has filed an answer to defendant’s petition.            Following our review of the record, and for the reasons set forth below, we shall grant reconsideration to amend the Findings and Award to rescind the award of permanent disability for applicant’s sleep loss impairment, but shall otherwise affirm the WCJ’s

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