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MIGUEL ANGEL GARCIA vs. INTERNATIONAL WINDOW; ZURICH NORTH AMERICAN INSURANCE

INTERNATIONAL WINDOW; ZURICH NORTH AMERICAN INSURANCE MIGUEL ANGEL GARCIA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIGUEL ANGEL GARCIA, Applicant,vs.INTERNATIONAL WINDOW; ZURICH NORTH AMERICAN INSURANCE, Defendants.Case Nos. ADJ7464284ADJ7464287(Los Angeles District Office)OPINION AND DECISION AFTER RECONSIDERATION            In order to further study the factual and legal issues in this case, on March 9, 2012, we granted applicant’s Petition for Reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award and Orders of December 19, 2011, wherein, as relevant to the instant Petition for, Reconsideration, it was found that applicant did not sustain industrial injury to his back, neck, right shoulder and right arm while employed as a supervisor during a cumulative period ending on July 13, 2010 in case ADJ7464287.1 The WCJ found that the alleged cumulative injury was an impermissible post-termination claim pursuant to Labor Code section 3600(a)(10).2 It was also found that applicant sustained industrial injury to his back while employed on October 28, 2009 causing the need for further medical treatment in case ADJ7464284. However, applicant has not raised any issues in his Petition for Reconsideration regarding case ADJ7464284.            Applicant contends that the WCJ erred in finding that the applicant’s cumulative injury claim in case ADJ7464287 was barred by the post-termination defense codified in section 3 600(a)(10). Applicant argues that the exception to the post-termination defense codified in section 3600(a)(10)(D) applies to 1 The WCJ’s decision contains a typographical error, stating that the alleged date of the cumulative injury was “from July 13, 2009, to and including July 13, 2009.” 2 All subsequent statutory references are to the Labor Code, unless otherwise specified. , this case. Section 3600(a)(10)(D) provides an exception to the post-termination defense when the “the date of injury, as specified in S

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