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Rebecca Duarte vs. Motion Picture & Tv Fund Permissibly Self-insured Zurich North America

MOTION PICTURE & TV FUND Permissibly Self-Insured ZURICH NORTH AMERICA REBECCA DUARTE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREBECCA DUARTE, Applicant,vs.MOTION PICTURE & TV FUND, PermissiblySelf-Insured; ZURICH NORTH AMERICA, Defendants.Case Nos. ADJ2346178 (VNO 0504730) MFADJ862555 (VNO 0504735)OPINION AND DECISIONAFTERRECONSIDERATION            We previously granted the petition of defendant Motion Picture & TV Fund (MPTF) for reconsideration of our April 29, 2014 Opinion And Decision After Reconsideration (Decision) wherein we acted upon applicant’s earlier petition for reconsideration of two decision of the workers’ compensation administrative law judge (WCJ).            MPTF only challenges the parts of our Decision that amends the WCJ’ s January 8, 2014 Findings And Award in ADJ2346178 to find that the specific industrial injury applicant sustained to her back, neck, upper digestive tract (GERD), psyche, urinary tract (incontinence) and fibromyalgia while working for then permissibly self-insured MPTF as a nurse assistant on March 2, 1990, caused a period of temporary total disability from August 10, 2004 to September 24, 2010, and awards temporary total disability indemnity for that period.1 Also as part of our Decision, the issues of permanent disability, apportionment and attorney’s fees were deferred to allow development of the record.            MPTF contends that it was error to find in ADJ2346178 that applicant’s 1990 specific injury caused a period of temporary disability beginning in 2004, and that the finding is not supported by 1 The WCJ’s decision in ADJ2346178 is dated January 7, 2014, but was served on January 8, 2014, and the latter date is used to identify it. , substantial evidence. MPTF alternatively contends that the issue of temporary disability should have been returned to the trial level for development of the record along with the other deferred issues.            We have carefully reviewed the record and considered the a

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