Ruperto Hernandez, vs. Oc Home Builders; State Compensation Insurance Fund,

is a case in which Ruperto Hernandez, a construction worker, sought reconsideration of a workers' compensation administrative law judge's (WCJ) Findings, Award and Order of November 28, 2016. The WCJ found that, while employed as a construction worker on July 28, 2015, applicant sustained industrial injury to his left forearm, but not to his left shoulder, left elbow, cervical spine, left hand, left wrist, psyche or skin. The WCJ also found that applicant's injury caused permanent disability of 20%, but no temporary disability or need for further medical treatment. The WCJ granted reconsideration and amended the decision to find temporary disability from the date of injury to October 8, 2015, entitling applicant to two-thirds

Oc Home Builders; State Compensation Insurance Fund, Ruperto Hernandez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARUPERTO HERNANDEZ,Applicant,vs.OC HOME BUILDERS; STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ10082337(Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings, Award and Order of November 28, 2016, wherein it was found that, while employed as a construction worker on July 28, 2015, applicant sustained industrial injury to his left forearm, but not to his left shoulder, left elbow, cervical spine, left hand, left wrist, psyche or skin. It was found that applicant’s injury caused permanent disability of 20%, but no temporary disability or need for further medical treatment.            Applicant contends that the WCJ erred in (1) not finding industrial injury to the cervical spine and associated disability and in (2) not finding applicant temporarily disabled. We have not received an Answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration {Report).            We will affirm the WCJ’s finding of no industrial injury to the cervical spine. As noted by the WCJ in his Report, although agreed medical evaluator orthopedist Peter M. Newton, M.D. did find industrial injury to the neck, and the applicant did testify regarding neck complaints, Dr. Newton described the mechanism of injury as “a large piece from the shower f[alling] on [applicant’s] left forearm causing a laceration. He had immediate pain in his left shoulder, left forearm and left hand and wrist.” (February 22, 2016 report at p. 2.) We have perused the reporting of primary treating physician Richard H. Hubbard, M.D., and it does not appear that Dr. Hubbard recorded any cervical spine/neck , complaints in the months after the industrial injury. As the Court of Appeal wro

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