GUARDIAN REHABILITATION HOSPITAL, Permissibly Self-Insured and Administered By PRIVATE ADJUSTING CLAIMS SERVICES, HENRY GARCIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHENRY GARCIA, Applicant,vs.GUARDIAN REHABILITATION HOSPITAL, Permissibly Self-Insured andAdministered By PRIVATE ADJUSTING CLAIMS SERVICES, Defendant(s).Case No. ADJ4522909 (LAO 0880590)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Order issued by a workersý compensation administrative law judge (WCJ) on June 1. 2009. In that decision, the WCJ found that applicant’s injury was presumed to be compensable under Labor Code section 5402 and defendant failed to rebut the presumption. Applicant claims to have sustained industrial injury on July 10, 2007, while working as a certified nurse’s assistant, to his lumbar spine, thoracic spine, left knee. left leg. left foot. internal system, and in the form of insomnia, high blood pressure, and sexual dysfunction. Defendant contends that the WCJ erred in relying on the Certified Mail Receipt for applicant’s Claim Form, which was only marked for identification as Exhibit . Defendant argues that it objected to introduction of Exhibit 7 into evidence because the exhibit had not been served on defendant prior to trial and was not listed as an exhibit. Defendant also contends that its Exhibits H. I and J were admitted inio evidence, but that the record does not reflect the existence of these exhibits. No Answer was filed. In his Report and Recommendation on Petition for Reconsideration, the WCJ noted that the original exhibi-ts from the Mandatory Settlement Conference were not in the file or in , Electronic Adjudication Management System (EAMS). Thus, the record is not complete at this time and the case should be returned to the trial level to develop the record. We agree and will grant reconsideration and rescind the June
