Hugo Garcia-flores vs. Misope Usa, Inc.; Redlands Insurance And Acceptance Indemnity Company

In this case, Hugo Garcia-Flores is appealing a decision by the Workers' Compensation Administrative Law Judge (WCJ) to rescind an order suspending action and reinstating findings of fact and award opinion on decision. The defendant, Misope USA, Inc. and Redlands Insurance and Acceptance Indemnity Company, is seeking reconsideration of the WCJ's decision, arguing that it violates their right to due process. The WCJ issued a Report and Recommendation on Petition for Reconsideration recommending that the reconsideration be denied. The Appeals Board granted the reconsideration, rescinded the WCJ's decision, and returned the matters to the trial level for further proceedings and decision by the WCJ. The Appeals Board determined

Misope USA, Inc.; Redlands Insurance And Acceptance Indemnity Company Hugo Garcia-Flores WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHUGO GARCIA-FLORES, Applicant,vs.MISOPE USA, INC.; REDLANDS INSURANCE AND ACCEPTANCE INDEMNITY COMPANY, Defendant(s).Case Nos. ADJ3035736 (ANA 0360536) ADJ4288655 (ANA 0359734OPINION AND ORDER GRANTING RECONSIDERATION AND DICISION AFTER RECONSIDERATION             Defendant seeks reconsideration of the June 7, 2011 “Rule 10843 Order Rescinding Order Suspending Action and Reinstatement of Findings of Fact and Award Opinion on Decision” (Order) issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ stated that “based on applicant’s attorney’s Petition for Removal dated stamped [May 24, 2011] and Good Cause Appearing, the Rule 10859 Order of Rescission dated [May 10, 2011] is reinstated.”            In its Petition for Reconsideration, defendant contends that the WCJ’s Order violates defendant’s right to due process in that it fails to address defendant’s “Objection to Submission of Matter” (Objection) filed on April 13, 2011. Therein, defendant objected the WCJ’s March 29, 2011 disposition Order stating that “[tihe matter will be submitted in 10 days, absent a good cause objection filed in writing” and asserted that evidence offered by applicant at trial was not served on defendant, that the December 6, 2010 and the December 21, 2010 reports of agreed medical examiner (AME) Alexander Angerman. M.D., are not substantial evidence, that the dates of injury have not been specifically plead, and that there is no substantial medical evidence to support the need for an electric wheelchair.            Applicant filed an Answer, and the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. ,             Based on our review of the record and for the reasons discussed below, we will grant reconsideration, rescind the WCJ’s decision, and r

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