Brenda Dulac vs. Sunnyside Rehab & Nursing Center, Gambro Healthcare; ESIS; CIGA

is a case in which Brenda Dulac, an applicant, alleged that she sustained an industrial injury in the form of hepatitis C as a result of exposure to blood products while employed by Gambro Healthcare. The Workers' Compensation Appeals Board rescinded the September 21, 2010 Findings and Order and returned the matter to the trial level so that the WCJ may further develop the medical record to determine if the applicant sustained an industrial injury at Sunnyside Rehabilitation Center.

Sunnyside Rehab & Nursing Center, Gambro Healthcare; ESIS; CIGA Brenda Dulac WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRENDA DULAC, Applicant,vs.SUNNYSIDE REHAB & NURSING CENTER, GAMBRO HEALTHCARE; ESIS; CIGA, Defendant(s).Case No. ADJ4394929 (LAO 0825654)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted applicant’s petition for reconsideration of the September 21, 2010 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) found that applicant did not sustain an industrial injury. We gave applicant permission to file a supplemental petition for reconsideration pursuant to Appeals Board rule 10848. Applicant filed a supplemental petition and we have considered it. This is our decision after reconsideration.            In her petition for reconsideration, applicant contends that the WCJ erred in finding that the applicant did not sustain an industrial injury, arguing that there is substantial medical evidence that she was exposed to hepatitis C during the course of her employment with defendants. In her supplemental petition, applicant contends that the WCJ incorrectly applied the burden of proof in occupational disease cases.            We have considered the Petition for Reconsideration and Supplemental Petition, and we have reviewed the record in this matter. We have not received answers from defendants. The WCJ prepared a Report on Reconsideration (Report), recommending that we deny reconsideration.            As explained below, the WCJ did not and the parties did not adequately develop the record regarding applicant’s industrial exposures at Sunnyside Rehabilitation Center (Sunnyside). , Therefore, as our decision after reconsideration, we will rescind the September 21, 2010 Findings and Order, and return this matter to the trial level so that the WCJ may further develop the medical record.Applicant filed an application for adjudication of claim alleging that the applicant sustained an indu

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