Azimuth Technologies/American Home Assurance Company, Administered By Chartis Claims, Inc. Alesia Butler WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALESIA BUTLER, Applicant,vs.AZIMUTH TECHNOLOGIES/AMERICAN HOME ASSURANCE COMPANY,Administered By CHARTIS CLAIMS, INC., Defendant.Case No. ADJ803055 (LAO 0817649)OPINION AND ORDERS DISMISSING REMOVAL, GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of, and in the alternative, requests removal regarding the Finding and Order issued by the workers’ compensation administrative law judge (WCJ) on January 27, 2010, wherein the WCJ rescinded the July 5, 2007 Order of Dismissal. Previously, on September 14, 2009, applicant filed a petition to reopen pursuant to Labor Code section 5803.1 In the underlying case, applicant alleges that while employed as a facilities technician on August 29, 2002, she sustained an industrial injury to her back and both arms. Defendant contends the WCJ erred in rescinding the July 5, 2007 Order of Dismissal, arguing that there is no jurisdiction to rescind the July 5, 2007 Order on January 27, 2010. Defendant contends that it was denied due process when the WCJ did not address the sole issue for adjudication at trial, i.e., whether applicant could proceed with her petition to reopen filed more than five years after the date of injury. We have considered the petition for reconsideration and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be dismissed or denied. 1 Unless otherwise stated, all further statutory references are to the Labor Code. , Based on our review of the record and for the reasons stated herein, we will dismiss defendant’s request for removal. We will also grant reconsideration, rescind the January 27, 2010 Finding and Order, and substitute an Order d
