Onsite/ Allegis Group; Kemper Insurance Company, administered by Broadspire Deborah Cameron WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEBORAH CAMERON, Applicant,vs.ONSITE/ALLEGIS GROUP; KEMPER INSURANCE COMPANY, administered by BROADSPIRE, Defendants.Case No. ADJ2316866OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATIONDeborah Cameron (applicant) seeks reconsideration of the Findings, Order and Order of Suspension (F & O) filed herein on July 13, 2010, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s petition for dismissal, found applicant not competent to maintain this action, and suspended both applicant’s right to proceed and her entitlement to receive workers’ compensation benefits “until such time as a competent Guardian Ad Litem petitions this WCAB for appointment.” Applicant contends in substance that the WCJ erred in issuing then F & O because the finding of lack of competence is not based on any medical evidence. Applicant further complains that she was denied due process of law because the F & O issued without a hearing or an opportunity for her to be heard. Finally, applicant claims that her health and wcHrbcing arc in jeopardy because the F & O suspends her right to receive workers* compensation benefits, including medical treatment. We have received a Report and Recommendation (Report) from the WCJ recommending that the petition for reconsideration be denied. We have not received an answer from defendant. Based on our review of the record, and for the reasons discussed below, we will grant reconsideration, rescind the F & O, and return the matter to the Presiding Workers’ Compensation , Judge for assignment of this case to a WCJ.1Relevant Facts Applicant, bom January 25, 1953, while employed as a nurse by defendant on August 19, 2004, claims to have sustained an injury arising out of and occurring in the course of her employment in th
