Rock-A-Fire Pizza; Scif Insured Inland Empire David Dehoyos, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID DEIHOYOS, Applicant,vs.ROCK-A-FIRE PIZZA; SCIF INSURED INLAND EMPIRE, Defendant(s).Case Nos. ADJ520347 (RIV 0067776); ADJ2129926 (RIV 0067769)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTTER RECONSIDERATION Applicant seeks reconsideration of the July 20, 2010 Findings and Award, wherein the w orkers’ compensation administrative law judge (WCJ) found that the applicant did not sustain an industrial injury on November 16, 2004 and cumulatively through November 21, 2004. Applicant contends that the WCJ erred in finding that the applicant did not sustain industrial injuries, arguing that defendant did not timely deny applicant’s workers’ compensation claims.We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (“Report“), recommending denial of the petition. For the reasons discussed below, we will grant reconsideration, rescind the Findings and Award, and return the matter to the trial level for further proceedings and a new decision on the merits. As a preliminary matter, it appears that some of ihe evidence in this matter has not been properly entered into the record. Applicant’s Exhibit 1 and Defendant’s Exhibit D arc not identified in the Electronic Adjudication Management System (EAMS). Because we were unable to locate these exhibits, we were unable to determine when the employer received applicant’s claims forms. Upon return of this matter to the trial level, the WCJ should insure that all evidence , is properly identified in-EAMS … … In his Report, the WCJ summariicd the facts related to whether the claim was timely denied as follows: “Applicant did not file a claim form until March 21, 2005 and did not seek further treatment
