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STEPHEN HART vs. CHIEF AUTO PARTS/AUTO ZONE; WAUSAU INSURANCE/LIBERTY MUTUAL INSURANCE COMPANY

CHIEF AUTO PARTS/AUTO ZONE; WAUSAU INSURANCE/LIBERTY MUTUAL INSURANCE COMPANY STEPHEN HART WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEPHEN HART, Applicant,vs.CHIEF AUTO PARTS/AUTO ZONE; WAUSAU INSURANCE/LIBERTYMUTUAL INSURANCE COMPANY, Defendants.Case No. ADJ4234206 (SAC 0289998)OPINION AND DECISION AFTER REMITTITUR            On August 8, 2012, the Court of Appeal, Third Appellate District, issued its unpublished opinion in Hart v. Workers’ Comp. Appeals Bd. 77 Cal.Comp.Cases 693. The Court annulled our Order Denying Reconsideration dated August 17, 2011, and remanded the matter to us with directions to grant reconsideration consistent with its opinion. This is our Decision After Remittitur.            Applicant, while employed as a parts manager on May 27, 1999, sustained an industrial injury to his right shoulder and left shoulder as a compensable consequence and claims to have sustained injury to his cervical spine. He received a stipulated Award on August 27, 2003. He filed a timely petition to reopen. On August 27, 2009, he received a stipulated Award of an amount of temporary disability indemnity and an agreement that temporary total disability was ongoing. On December 21, 2009, he received a Findings and Award, finding that he was entitled to further medical treatment, including, but not limited to, surgery on his left shoulder. There was no mention of injury to the cervical spine.            On June 9, 2011, the workers’ compensation administrative law judge (WCJ) filed a Findings and Order, finding that applicant’s left shoulder and right shoulder injury became permanent and stationary by January 12, 2011, and denying applicant’s claim for temporary disability from February 11, 2011, to present and continuing. In his Opinion on Decision, the WCJ stated: “The applicant has never alleged any injury to his neck in this case. The findings of December 16, 2009 [sic], are final, and the applicant , cannot presently add new parts of the body as i

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