NGON THANH NGUYEN vs. BEST BUY INC.; ACE AMERICAN INS. CO.

ADJ1297324 (ANA0381986) ADJ2944600 (ANA0359287) is a case in which defendant, Best Buy Inc., and its insurer, Ace American Insurance Company, sought reconsideration of the Joint Findings and Award issued by a workers' compensation administrative law judge (WCJ). The WCJ found that applicant, Ngon Thanh Nguyen, while employed as a repair technician by Best Buy, sustained an industrial cumulative trauma over the period January 1, 1999 to August 20, 2001, to his neck, low back, bilateral legs and feet, and psyche, resulting in "bilateral carpal syndromes, a gastrointestinal disorder and hypertension." The WCJ found applicant to be totally permanently disabled and entitled

BEST BUY INC.; ACE AMERICAN INS. CO. NGON THANH NGUYEN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANGON THANH NGUYEN, Applicant,vs.BEST BUY INC.; ACE AMERICAN INS. CO., Defendants.Case Nos. ADJ2803778 (ANA 0362167)ADJ1297324 (ANA 0381986)ADJ2944600 (ANA 0359287)OPINION AND ORDER DENYING PETITION FORRECONSIDERATION            Defendant, Best Buy Inc., by and through its insurer, Ace American Insurance Company, seeks reconsideration of the Joint Findings and Award, issued March 12, 2012, in which a workers’ compensation administrative law judge (WCJ) found in ADJ2803778, that applicant, Ngon Thanh Nguyen, while employed as a repair technician by Best Buy, sustained an industrial cumulative trauma over the period January 1, 1999 to August 20, 2001, to his neck, low back, bilateral legs and feet, and psyche, resulting in “bilateral carpal syndromes, a gastrointestinal disorder and hypertension.” The WCJ found applicant to be totally permanently disabled and entitled to an unapportioned award of disability. In ADJ297324, the WCJ found applicant did not sustain a specific injury on August 20, 2001, as alleged, and ordered that applicant take nothing in that case.1            Defendant contests the WCJ’s determination that the apportionment determination of the Agreed Medical Examiner, Dr. Seymour Alban, is not substantial evidence. Defendant argues first that the WCJ applied different standards of proof to industrial and non-industrial causation by rejecting the AME’s findings on non-industrial causation, and should have also found no industrial causation of the cumulative trauma injury. Defendant next argues that the WCJ improperly substituted his judgment for that of the AME, where the AME’s opinion was based upon his expertise in evaluating applicant’s medical history and diagnostic testing. 1 Though listed by defendant, the cumulative trauma claim in ADJ2944600 is not before us, as the partiesstipulated to its dismissal as duplicative of the cumulative traum

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