Tomboy’S Famous Chilmurgers; Farmers Insurance Exchange Elvira Morales WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELVIRA MORALES, Applicant,vs.TOMBOY’S FAMOUS CHILmURGERS; FARMERS INSURANCE EXCHANGE, Defendant,SB SURGERY CENTER; JEFFREY WEISBLATT, M.D., lien claimants.Case No. LAO 772355OPINION AND ORDERGRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimants, SB Surgery Center (SBSC) and Jeffrey Weisblatt, M.D., seek reconsideration of the April 18, 2007 Findings and Orders of the workers’ compensation administrative law judge (WCJ), wherein their lien claims were dismissed because they did not present evidence to show industrial causation of the cumulative trauma industrial injuries applicant claimed to have incurred while employed by Tomboy’s Famous Chiliburgers as a cashier/waitress and did not show that they provided reasonable or necessary medical treatment. Applicant’s claim was earlier resolved by a compromise and release approved by order of the WCJ on June 12, 2006, wherein defendant agreed that it “has paid, will pay, will adjust and pay. or litigate, with the WCAB to retain jurisdiction, all the lien(s).” Lien claimants contend that industrial causation of applicant’s back injury was not identified as an issue before hearing, that they did not receive certain reports from defendant and that their claims should have been adjudicated in accordance with the cn banc decision of the Appeals Board in Kunz v. Patterson Floor Coverings, Inc. (2002) 67 Cal.Comp.Cascs 1588 , We will grant reconsideration, rescind the April 18, 2007 Findings and Orders and return the matter for further proceedings and decision pursuant to Kunz because industrial causation was not identified as an issue before the trial.1 On April 2, 2002. applicant filed an Application for Adjudication of Claim alleging cumulative trauma industrial injury to both feet, both ankles, both legs, back, both shoulders, neclt, both hands and stomach
