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NOE VASQUEZ vs. IN AND OUT REMOVAL; CALIFORNIA INSURANCE COMPANY, ADJUSTED BY APPLIED RISK SERVICES

IN AND OUT REMOVAL; CALIFORNIA INSURANCE COMPANY, ADJUSTED BY APPLIED RISK SERVICES NOE VASQUEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANOE VASQUEZ, Applicant,vs.IN AND OUT REMOVAL; CALIFORNIA INSURANCE COMPANY,ADJUSTED BY APPLIED RISK SERVICES, Defendants.Case Nos. ADJ7452074ADJ7452514(Los Angeles District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Lien claimant Integrative Industrial (lien claimant) seeks reconsideration of the Joint Findings and Orders (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on July 25, 2012. In that F&O, the WCJ found in pertinent part that lien claimant did not meet its burden to show that applicant Noe Vasquez (applicant) was employed by defendant In and Out Removal (defendant) on the day of applicant’s claimed specific injury of April 15, 2010 or that his claimed specific and cumulative trauma injuries arose out of or in the course of his employment (AOE/COE). Lien claimant contends in pertinent part that evidence put forth by lien claimant in the form of applicant’s deposition transcript shows that applicant was employed by defendant on the date of his specific injury, which was unrebutted by defendant; and that, applicant and defendant entered into a Compromise and Release (C&R) for a non-nominal value and provided applicant with a job voucher so that the C&R and a job voucher create a presumption of AOE/COE, which was unrebutted by defendant.            We received an answer from defendant. We received a Report and Recommendation (Report) from the WCJ in response to the petition for reconsideration, which recommends denial of the petition.            We have reviewed the record and considered the allegations of the petition for reconsideration and the answer and the contents of the Report. Based on our review of the record, for the reasons stated , in the Report which we adopt and incorporate, except with respect to the notice of appearance by coun

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