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Abel Garcia vs. Fred Hunter Dba Dreamscape; Tower Lcis, Adjusted By York Insurance Services, Inc.

Fred Hunter dba Dreamscape; Tower LCIS, Adjusted by York Insurance Services, Inc. Abel Garcia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAABEL GARCIA, Applicant,vs.FRED HUNTER dba DREAMSCAPE; TOWER LCIS, Adjustedby YORK INSURANCE SERVICES, INC., Defendants.Case No. ADJ7504647 (Oxnard District Office)OPINION AND ORDERS DENYING REMOVAL; GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, Fred Hunter dba Dreamscape, by and through insurer, Tower LCIS, seeks reconsideration and/or removal of the Findings of Fact and Orders, issued April 12, 2013, in which a workers’ compensation administrative law judge (WCJ) found applicant, Abel Garcia sustained an industrial cumulative trauma injury while employed as a landscape gardener over the period September 30, 2009 through September 23, 2010, by Fred Hunter dba Dreamscape, but that there was need for a replacement panel Qualified Medical Evaluator (QME) in orthopedics, and deferred a determination of the lien of Employment Development Department (EDD) due to insufficient evidence. The WCJ ordered the parties to obtain a replacement panel QME in orthopedics and deferred all other issues.            Defendant contends the WCJ erred in finding applicant sustained a cumulative trauma injury where he found the reporting of the panel QME was not sufficient and there was insufficient medical evidence to determine EDD’s entitlement to reimbursement. Defendant argues that in the absence of a valid QME report under Labor Code section 4062.2, the finding of an industrial cumulative trauma injury should be vacated pending further medical evaluation with a QME or an Agreed Medical Examiner (AME). Applicant has filed an answer to defendant’s petition.            For the reasons set forth below, we shall grant reconsideration, rescind the Findings of Fact and Orders, and return this matter to the trial level to further develop the medical record to obtain a new comprehensive medical evaluation that ac

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