HAWAIIAN GARDENS CARD CLUB; ST. PAUL TRAVELERS INSURANCE, DARIO MENDEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADARIO MENDEZ, Applicant,vs.HAWAIIAN GARDENS CARD CLUB; ST.PAUL TRAVELERS INSURANCE, Defendant(s).Case No. ADJ1136158 (LBO 0381365)OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Applicant sought reconsideration of the Findings and Order of April 10, 2008, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a security guard on November 15, 2005, did not sustain industrial injury to his low back and right leg. Applicant contended the WCJ erred in finding he did not sustain industrial injury, arguing that the evidence is unrefuted that applicant aggravated his prior back condition by the lifting incident of November 15, 2005. We have considered the Petition for Reconsideration, defendant’s Answer, and the WCJ’s Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report); and we have reviewed the record in this matter. For the reasons discussed below, we will grant the petition for reconsideration, rescind the Findings and Order, find that applicant sustained industrial injury, and defer the remaining issues. , BACKGROUND The WCJ summarized the background of this case, as follows, in his Report, at pages 2-4: “Applicant claims injury on or about November 15, 2005. There is no dispute that the applicant had an earlier injury in the 1990’s to the same level of the back, while working at a bakery, and underwent surgery. At that time there was disc herniation on the left side. Applicant continued with complaints at least to 1999. He returned to work at the same bakery continued w
Menu
