State Of California, Department Of Corrections, Legally Uninsured; And State Compensation Insurance Fund/State Contracts Services, Adjusting Agency, Ginger Logan Cannon WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGINGER LOGAN-CANNON, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured; and STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS SERVICES, Adjusting Agency, DefendantCaseNos. ADJ6951777OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION AND ORDER CORRECTING CLERICAL ERROR On September 27, 2010, defendant tiled a petition seeking reconsideration of the Findings and Award in Case No. ADJ6951777, issued by the workers’ compensation administrative law judge (WCJ) on September 9. 2010. On October 11.2010, pursuant to WCAB Rule 10859 (Cal. Code Regs., tit. 8. § 10859), the WCJ issued an order setting aside the Findings and Award and directing that the matter be placed back on the mal calendar, however, due to clerical error, this order actually issued in applicant’s companion eases in Case Nos. ADJ399I909 (MON 0291967), ADJ639723 (MON 0304221). and ADJ55I252 (MON 0304222). The matter was subsequently calendared for a hearing on November 29, 2010. 1 On November 17. 2010, the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) which outlined the above history and recommended that defendant’s petition be denied or. in the alternative, that reconsideration be granted. We cannot simply deny reconsideration because that would leave the September 9, 2010 Findings and Award intact. Therefore, we will grant reconsideration, rescind the September 9, 2010 Findings and Award, and remand the matter to the trial level so that the November 29, , 2010 hearing can proceed. Concurrently, we will correct the clerical error in the October 11, 2010 order setting aside so as to substitute Case No. ADJ695I777 in the caption in
