Brown & Williamson Tobacco Company, Permissibly Self-Insured Barbara Wright WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA WRIGHT, Applicant,vs. BROWN & WILLIAMSON TOBACCO COMPANY, Permissibly Self-Insured, Defendants.Case No. STK 0157805OPINION AND ORDERGRANTING PETITION FORRECONSIDERATIONAND DECISION AFTERRECONSIDERATION Applicant, in propria persona, seeks reconsideration of the Amended Findings and Orders, filed and served on November 1, 2007, wherein the workers’ compensation administrative law judge (“WCJ”) found that there is no substantial evidence supporting applicant’s Petition to Reopen for new and further disability and ordered her to take nothing further. Applicant’s claim that she sustained industrial injury to her neck, while employed as a retail merchandiser on February 9, 1999, was initially resolved by Stipulations With Request for Award and the Award of August 30, 2000. Applicant contends the WCJ erred in denying her petition to reopen for new and further disability. We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (“Report”), recommending that the petition be denied. For the reasons discussed below, we will grant the petition for reconsideration; rescind the November 1, 2007 Amended Findings and Orders and the October 31, 2007 Finding and Order, inadvertently issued without an Opinion on Decision; grant applicant’s petition to reopen; and , return the matter to the trial level for further proceedings. Applicant initially claimed “neck and back pain from whiplash” resulting from a February 9, 1999 motor vehicle accident. The April 12, 1999 Doctor’s First Report of Occupational Injury or Illness by Dr. Carl Sufit of Sutter Gould Medical Foundation described her subjective complaints of neck pain, headaches, and tenderness
