IACG CONSTRUCTION; AIG CLAIM SERVICES, INC., JESSE FARRIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSE FARRIS, Applicant,vs.ACG CONSTRUCTION; AIG CLAIMSERVICES, INC., Defendants.Case No. ADJ764081 (SJO 0268802)OPINION AND DECISION AFTER RECONSIDERATION On March 19, 2009, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the December 11, 2008 Order and provided notice to applicant’s attorney to file the proof of service of the December 11, 2008 Order. This is our decision after reconsideration. Unfortunately, applicant’s attorney has not filed a proof of service of the December 11, 2008 Order. Because we cannot determine when applicant was served with the Order, we will deem applicant’s petition for reconsideration to be timely. We will rescind the December 21, 2008 Order and will return this matter to the trial level for the WCJ to conduct further proceedings and issue a new decision. In this case, we are concerned that the compromise and release appears to settle an injury to applicant’s head although the application for adjudication of claim lists applicant’ back as the sole body part involved in applicant’s injury. In addition, the only medical reports in the file appear to be work status reports containing few details that would assist the WCJ or the Appeals Board in clarifying which body parts were involved in applicant’s industrial injury. For the foregoing reasons, IT IS ORDERED, as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, that the December 11, 2008 Order is RESCINDED and the matter is , RETURNED to the trial level for further proceedings and a new decision by the WCJ consistent with this opinion. WORKERS’COMPENSATION APPEALS BOARD _______________________________ JAMES C. CUNEOI CONCUR,_______________________________ FRANK M. BRASS_______________________________ ALFONSO J. MORESIDAT
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