Personnel Plus Inc; National Union Fire Insurance Company Of Pittsburgh, PA, Administered by Chartis Francisco Patron WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCISCO PATRON, Applicant,vs.PERSONNEL PLUS INC; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Administered by CHARTIS, Defendants.Case No. ADJ7376703OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, National Union Fire Insurance Company of Pittsburgh, PA, on behalf of its insured, Personnel Plus, Inc., seeks reconsideration of the Findings and Award and Order, issued June 13, 2011, in which a workers’ compensation administrative law judge (WCJ) found applicant, Francisco Patron, sustained an industrial injury to his neck, back and right shoulder on July 13, 2010, while employed as a forklift operator. Applicant was awarded temporary disability from July 14, 2010 through December 31, 2010. Defendant contests the finding of industrial injury, contending the WCJ failed to provide a basis for her determination in view of defendant’s evidence undermining applicant’s credibility. Defendant further contends the reporting of George McClellan, D.C., upon whom the WCJ relied, does not constitute substantial medical evidence to support the finding of industrial injury, based upon the lack of an accurate medical history. Applicant has not filed an answer to defendant’s petition, and defendant has requested the opportunity to respond to the WCJ’s Report and Recommendation on Petition for Reconsideration. We accept defendant’s supplemental petition pursuant to WCAB Rule 10848. Following our review of the record, and for the reasons set forth below, we shall grant reconsideration, rescind the Findings and Award and Order and return this matter to the trial level for further proceedings. , I. Applicant testified at trial on May 23, 2011,1 that while operating a forklift on the morning of July 13, 2010, he was unlo
