Moore Industries, Inc.; Virginia Surety Company, adjusted by Applied Risk Services Frances Diaz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCES DIAZ, Applicant, vs. MOORE INDUSTRIES, INC., VIRGINIA SURETY COMPANY, adjusted by APPLIED RISK SERVICES, Defendants.Case No. ADJ1415627 (VNO 0498878)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATIONDefendant Virginia Surety Company, administered by Applied Risk Services, (defendant) seeks reconsideration of the Finding and Award (F&A) issued on October 22, 2012 by a workers’ compensation administrative law judge (WCJ). In that F&A, the WCJ found in pertinent part that lien claimant California Pharmacy Management (lien claimant) was entitled to payment for medications provided to applicant Frances Diaz (applicant).Defendant contends in pertinent part that the WCJ erred because the decision was not based on the evidence and that the WCJ should have provided the parties an opportunity to object and to cross- examine the independent bill reviewer.We have not received an answer from lien claimant. We did not receive a Report and Recommendation (Report) from the WCJ in response to defendant’s petition for reconsideration as the WCJ has since retired.We have reviewed the record and considered the allegations of the petition for reconsideration and the contents of the Report. Based on our review of the record and for the reasons discussed below, we will grant defendant’s petition for reconsideration, rescind the F&A and return the matter to the trial level for assignment to a new WCJ for further proceedings and a new decision. , RELEVANT FACTSApplicant was employed as a clerk for defendant and claimed cumulative trauma injury from 1980 to February 12, 2004 to various body parts. The case was resolved by way of Compromise and Release (C&R), and an order approving issued on May 7, 2009. Lien claimant provided medications to applicant from July 8, 2004 to August 2, 2007.
