Janitorial Management Services; The Zenith Insurance Company Christina Mendez Soria, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTINA MENDEZ SORIA, Applicant,vs.JANITORIAL MANAGEMENT SERVICES; THE ZENITH INSURANCE COMPANY, Defendant(s).Case No. ADJ4001687 (VNO 0531298)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimants seek reconsideration of the July 28, 2010 Findings and Award issued by the workers* compensation administrative law judge (WCJ) wherein the WCJ found, in essence, that the record did not establish industrial injury to applicant’s upper back and left shoulder. As a result, the WCJ ordered lien claimants to take nothing by way of their claims. Lien claimants contend that the WCJ erred in finding that the record did not establish industrial injury to applicant’s upper back and left shoulder arguing that defendant violated their right to due process by failing to serve all the medical reports designated by lien claimants’ subpoena. We did not receive an answer from any party. However, the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we grant reconsideration and return this matter hack to the trial level for further proceedings. Based on our review of the record and for the reasons discussed by the WCJ in his Report, which we adopt and incorporate herein by reference, we will grant reconsideration, rescind the WCJ’s decision, and return this matter to the trial level for further proceedings and a new decision by the WCJ. , For the foregoing reasons,IT IS ORDERED that lien claimants’ Petition for Reconsideration of the July 28, 2010 Findings and Award be, and the same hereby is GRANTED.IT IS FURTHER ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, that Ihe July 28, 2010 Findings and Award be. and the same hereby is RESCINDED, and that this matter is RETURNED to
Christina Mendez Soria, vs. Janitorial Management Services; the Zenith Insurance Company
(VNO 0531298) is a case involving Janitorial Management Services and The Zenith Insurance Company. Lien claimants sought reconsideration of the July 28, 2010 Findings and Award issued by the workers' compensation administrative law judge (WCJ) wherein the WCJ found that the record did not establish industrial injury to applicant’s upper back and left shoulder. The WCJ issued a Report and Recommendation on Petition for Reconsideration recommending that the Workers' Compensation Appeals Board grant reconsideration and return the matter back to the trial level for further proceedings. The Board granted reconsideration, rescinded the WCJ’s decision, and returned the matter to the trial level for further proceedings and a new decision by the
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ4001687
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