Mary Flynn vs. Warner Brothers Studios Enterprises, Inc., Permissibly Self-insured, Administered By Warner Brothers, Workers’ Compensation

Warner Brothers Studios Enterprises, Inc., Permissibly Self-Insured, Administered By Warner Brothers, Workers’ Compensation Mary Flynn WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARY FLYNN, Applicant,vs.WARNER BROTHERS STUDIOS ENTERPRISES, INC., Permissibly Self-Insured, Administered By WARNER BROTHERS, WORKERS’ COMPENSATION, Defendant(s).Case No. ADJ306285 (MON 0360470)ADJ3407769 (MON 0360471)OPINION AND DECISION AFTER RECONSIDERATION            On May 23, 2011, the Board granted defendant’s petition seeking reconsideration or removal following the March 2, 2011 “Interim Findings and Award (and Order)” issued by a workers’ compensation administrative law judge (WCJ). Reconsideration was granted to allow us time to further study the factual and legal issues in this case. The Appeals Board now issues its decision.            Defendant sought reconsideration or removal from the March 2, 2011 decision in which the WCJ found that applicant while employed as a drapery maker, Group 380, sustained industrial injury to her mid-back on October 19, 2006 (ADJ3407769): and that applicant claimed to have sustained an admitted industrial injury to her neck, back, bilateral shoulders, and upper extremities, and in the form of sleep disorder during the cumulative period from August 13, 1998 through October 13, 2006 (ADJ306285).1 The WCJ further found that applicant sustained a 1            It should be noted that the issue of whether applicant sustained a specific industrial injury to her thoracic spine, cervical spine, bilateral shoulders, bilateral upper extremities, headaches and sleep-arousal disorder was raised in Case Number ADJ3407769. (Minutes of Hearing, May 28, 2009, p. 2.) However, it does not appear that the WCJ specifically included this in her March 2, 2011 decision as she did with the issue of cumulative industrial injury to these parts of applicant’s body. Because the issue was raised and not decided, it will be included with the other issues which are d

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