SPECIALTY CRANE; INDUSTRIAL CONSTRUCTION, INC.; STATE COMPENSATION INSURANCE FUND ALAN ACOSTA WORKERS’ COMPENSATION APPEALS BOARD2 STATE OF CALIFORNIAALAN ACOSTA, Applicant,vs.SPECIALTY CRANE; INDUSTRIALCONSTRUCTION, INC.; STATECOMPENSATION INSURANCE FUND, Defendants,Case No. ADJ3660840 (GRO 0029952) (San Luis Obispo District Office)ORDER DENYINGPETITION FOR REMOVAL We have considered the allegations of the Petition for Removal and the contents of the Report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said Report, which we adopt and incorporate, we will deny removal. WCAB Rule 10454 provides in relevant part that where the Appeals Board “reverses” a WCJ’s decision on injury AOE/COE, the party who filed the petition for reconsideration is entitled to request automatic reassignment. Here, however, the Appeals Board did not “reverse” the WCJ’s finding of industrial injury to the psyche. Instead, the Board rescinded the WCJ’s decision and returned the matter to him to consider the issue of psychiatric injury in light of the six-month employment requirement of Labor Code section 3208.3(d)./ / / / / / / / / / / / / / / / / / , For the foregoing reasons, IT IS ORDERED that said Petition for Removal be, and the same hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_____________________________________________FRANK M. BRASSI CONCUR,_____________________________________________DEIDRA E. LOWE______________________________________DEPUTYNEIL P. SULLIVANDATED AND FILED AT SAN FRANCISCO, CALIFORNIA JAN 03 2014SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ALAN ACOSTAGRANCELL STANDERSTATE COMPENSATION INSURANCE FUNDWHEELER & BEATONsye ADJ3660840
