SMS RESORTS, INC. DBA SYCAMORE MINERAL SPRINGS; FIREMANS FUND SACRAMENTO BRENDA GARCIA-MARTINEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRENDA GARCIA-MARTINEZ, Applicant,vs.SMS RESORTS, INC. DBA SYCAMORE MINERAL SPRINGS;FIREMANS FUND SACRAMENTO, Defendants.Case No. ADJ1364496 (GRO 0033020)(San Luis Obispo District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant Fireman’s Fund Insurance Company (defendant) seeks reconsideration of the Findings and Award (F&A) issued in this case by the workers’ compensation administrative law judge (WCJ) on July 10, 2012. In that F&A, the WCJ found that applicant Brenda Garcia-Martinez (applicant) sustained injury arising out of and in the course of employment (AOE/COE) to her left shoulder based on the opinion of applicant’s treating physician and that applicant required further medical treatment and reimbursement for previously obtained medical treatment for her left shoulder. Defendant contends that the WCJ erred because the opinion of applicant’s treating physician was not substantial evidence, that the opinion of the Agreed Medical Evaluator (AME) was substantial evidence, and that the WCJ had a duty to develop the medical record. We have received an answer from applicant. We have received a Report and Recommendation (Report) in response to the petition from the WCJ, which recommends denial of defendant’s petition. We have reviewed the record, considered the petition for reconsideration1, the answer, and the contents of the Report. Based on our review of the record, we grant defendant’s petition, rescind the F&A, and return the matter to the WCJ for further development of the record and a new decision. 1 Defendant’s attorney is directed to Rule 10232, subdivision (4), which requires that all non-form legalpleadings contain a heading with the filing attorney’s name and California State Bar membership. (Cal. Code Regs., tit. 8
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