First Blackhawk Financial Corporation, and State Farm Insurance Company Jean Cardinale WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEAN CARDINALE, Applicant,vs.FIRST BLACKHAWK FINANCIAL CORPORATION, and STATE FARMINSURANCE COMPANY, Defendants.Case No. ADJ3755565 (OAK 0339966)OPINION AND ORDERS DENYING PETITION FOR RECONSIDERATION AND ORDER OF REMOVALON BOARD MOTION WITH NOTICE OF INTENTION TO ISSUE SANCTIONS (LAB. CODE § 5813) Defendant seeks reconsideration of the Findings, Award and Orders issued on February 1, 2010. In that decision, the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a loan processor during the cumulative period to February 8, 2007, sustained industrial injury to her bilateral elbows, wrists, forearms, hands fingers upper arms, cervical spine and psyche. The WCJ further found, as relevant here, that applicant’s Exhibits 4, 5, 6 and 7 were admissible and that applicant’s motion to amend her Application for Adjudication of Claim to allege cumulative injury and to allege injury to her psyche and cervical spine was meritorious. In its Petition for Reconsideration, defendant contends that “[tJhe medical report of Bourkje Eerkens, Psy. D.[,] should not have been taken into evidence as it was not a listed exhibit ….. (Ptn. Recon., p. 3, lines 6-7.) He also argued that the record with respect to the psychiatric injury was deficient noting that “[p]sychiatric injury is based on the report of Dr. Eerkens, which is not listed on the Pre[-T]rial Conference Statement …. ” (Id., p. 7, lines 4-5.) Defendant further contends that even if the report were properly admitted into evidence, the WCJ erred in relying on it as it does constitute substantial evidence because it contains an inaccurate and incomplete history, and does not address causation of psychiatric injury as required by Labor Code section , 3208.3, and subdivision (b)(1). Defendant also argues that the medical record
