Orange Canyon Village Dry Cleaners Diana Giles WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIANA GILES, Applicant,vs.ORANGE CANYON VILLAGE DRY CLEANERS, Defendants.Case Nos. ADJ6712189ADJ8855907(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION We have considered the allegations of the Petitions for Reconsideration and the contents of the report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, we note that Findings 1 and 2 of the WCJ’s decision are irreconcilable, as Finding 1 purports to be a final order that applicant sustained one cumulative trauma injury while Finding 2 purports to be a final order that applicant sustained two cumulative trauma injuries within the same cumulative trauma period as specified in Finding 1. Furthermore, the WCJ appears to have issued a finding of two injuries in just one ADJ case number. Since both applicant and defendant make contentions relevant to the number and time of injuries, we conclude that reconsideration must be granted, the WCJ’s decision must be rescinded, and this matter must be returned to the WCJ for further proceedings and new decision that is internally consistent. This disposition also allows the parties due process on the issues raised in their petitions for reconsideration./ / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED, that reconsideration of the Findings and Award and Order of March 25, 2013 is GRANTED, and that as the Appeals Board’s Decision After Reconsideration, said decision is RESCINDED, and this matter is RETURNED to the trial level for further proceedings and new decision by the WCJ, consistent with this opinion.WORKERS’ COMPENSATION APPEALS BOARD________________________________________________MARGUERITE SWEENEYI CONCUR,________________________________________________ ALFONSO J. MORESI_____
Diana Giles vs. Orange Canyon Village Dry Cleaners
In this case, the Workers' Compensation Appeals Board granted the Petition for Reconsideration and rescinded the decision of the workers' compensation administrative law judge. The matter was returned to the trial level for further proceedings and a new decision by the WCJ that is consistent with the opinion of the Appeals Board.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ6712189
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