COLEN AND LEE; FREMONT EMPLOYERS INSURANCE COMPANY as administered by EMPLOYERS BARBARA GARCIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA GARCIA, Applicant,vs.COLEN AND LEE; FREMONT EMPLOYERS INSURANCE COMPANYas administered by EMPLOYERS Defendants.Case Nos. ADJ608889 (POM 0271021)ADJ1865253 (POM 0271022)OPINION AND DECISION AFTER RECONSIDERATION On March 27, 2009, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the February 2, 2009 First Amended Findings and Award wherein the workers’ ‘compensation administrative law judge (WCJ) found that the applicant sustained’ an industrial injury to her psyche and in the form of internal chest pain, resulting in a period of temporary disability and 90% permanent disability. In our March 27, 2009 Opinion and Order Granting Reconsideration we requested a copy of the transcript of the November 25, 2009 trial proceeding. We have received and reviewed the transcript. This is our decision after reconsideration. For the reasons discussed below, we will rescind the February 2, 2009 First Amended Findings and Award, and return this matter to the trial level for further proceedings and a new decision. According to the November 25, 2008 Minutes of Hearing and Summary of Evidence, (MOH/SOE), applicant’s exhibits 1 through 6 and defendant’s exhibits A through G were identified at the time of trial. After reviewing both the trial transcript and the minutes of hearing, we were unable to locate an order admitting these exhibits into evidence.1 1We note that the WCJ attempted to admit the reports of Dr. Maloff and Dr. Marusak in his opinion on decision. The opinion on decision is not an order and has no legal effect. , When a case is submitted for decision, it is the responsibility of parties and the WCJ to ensure that, at a minimum, the record contains a list of issues submitted to the WCJ for decision, stipulations of the parties (if any), and
Barbara Garcia, vs. Colen And Lee; Fremont Employers Insurance Company As Administered By Employers
This case involves the Workers' Compensation Appeals Board granting reconsideration of the February 2, 2009 First Amended Findings and Award wherein the workers' compensation administrative law judge found that the applicant sustained an industrial injury to her psyche and in the form of internal chest pain, resulting in a period of temporary disability and 90% permanent disability. The Appeals Board requested a copy of the transcript of the November 25, 2009 trial proceeding and, after reviewing both the trial transcript and the minutes of hearing, determined that the WCJ did not admit the relevant medical reports into evidence. The Appeals Board rescinded the February 2, 2009 First Amended Findings and Award and returned the matter to the trial level for further proceedings and a new decision.
- Filed On:
- Court: California, Pomona
- Case No. ADJ608889
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.