Evelyn Canales vs. El Carbonero Bakery: Workers' Compensation Case

In this case, El Carbonero Bakery and Mid Century Insurance Company/Farmers Insurance were defendants in a workers' compensation case brought by Evelyn Canales. Canales claimed that she sustained industrial injury to her head, left shoulder, left forearm, psyche, and internal system, and in the forms of sexual dysfunction, sleep disorder, and stress while employed as an assistant cook on July 13, 2015. The workers' compensation administrative law judge found that Canales had not met her burden of proof and issued a Findings and Award. Canales sought reconsideration, contending that the WCJ had erred in finding that she had not met her burden of proof. The Appeals Board granted the Petition for Reconsideration, rescinded the

El Carbonero Bakery; Mid Century Insurance Company/Farmers Insurance Evelyn Canales WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEVELYN CANALES, Applicant,vs.EL CARBONERO BAKERY; MID-CENTURY INSURANCE COMPANY/FARMERS INSURANCE, Defendants.Case No. ADJ10299830 (Pomona District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the February 16, 2018 Findings and Award (F&A), wherein the workers’ compensation administrative law judge (WCJ) found that applicant did not meet her burden of proof to show that, while employed as an assistant cook on July 13, 2015, she sustained industrial injury to her head, left shoulder, left forearm, psyche, and internal system, and in the forms of sexual dysfunction, sleep disorder, and stress.            Applicant contends that the WCJ erred in finding that she had not met her burden of proof that she sustained industrial injury to her head, left shoulder, left forearm, psyche, and internal system, and in the forms of sexual dysfunction, sleep disorder, and stress.            We have reviewed defendant’s Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition for Reconsideration (Petition) be denied.            We have considered the Petition, the Answer, and the contents of the Report, and we have reviewed the record in this matter. For the reasons discussed below, we will grant reconsideration, rescind the WCJ’s F&A, and return this matter to the trial level for further proceedings and a new decision by the WCJ. , FACTS            Applicant claimed that, while employed by defendant as an assistant cook on July 13, 2015, she sustained industrial injury to her head, left shoulder, left forearm, psyche, and internal system, and in the forms of sexual dysfunction, sleep disorder, and stress.            The parties appeared for trial on November 29, 2017 on the issue

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