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PETE MINOR vs. BP AMERICA, INC., Permissibly Self-insured, Administered By EMPLOYERS SELF-INSURANCE SERVICE

BP AMERICA, INC., permissibly self-insured, administered by EMPLOYERS SELF-INSURANCE SERVICE PETE MINOR WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPETE MINOR, Applicant,vs.BP AMERICA, INC., permissibly self-insured, administered byEMPLOYERS SELF-INSURANCE SERVICE, Defendants.Case No. ADJ8219210(San Jose District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant petitions for reconsideration of the August 6, 2012 Findings, Award and Orders in which the workers’ compensation administrative law judge (WCJ) found, among other things, that applicant sustained an industrial injury to his shoulders while employed as a production delivery driver from September 12, 2010 through September 12, 2011. The WCJ awarded temporary disability indemnity, attorneys’ fees, and further medical treatment and ordered reimbursement for self-procured medical treatment, with the amount to be adjusted by the parties. The WCJ also found that defendant unreasonably delayed and refused payment of benefits and medical treatment, awarding a 25% increase in temporary disability indemnity up to $10,000.00 under Labor Code section 5814.             Defendant contends that the WCJ erred by finding that Mr. Minor sustained injury arising out of and in the course of his employment (AOE/COE) and should not have increased applicant’s benefits under Labor Code section 5814.            We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report). For the reasons stated in the Report, which we hereby adopt and incorporate, we will deny the Petition.            “Every petition for reconsideration, removal, or disqualification shall fairly state all of the , material evidence relative to the point or points at issue [emphasis added].” (Cal. Code Regs., tit. 8, § 10842(a); see Cal. Code Regs., tit. 8, § 10852.) A pa

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