John Turner vs. City Of Eureka, Permissibly Self-insured, Do Redwood Empire Municipal Insurance Fund

In this case, the City of Eureka, Permissibly Self-Insured, do Redwood Empire Municipal Insurance Fund sought reconsideration of a workers' compensation administrative law judge's decision that the applicant had sustained industrial injury to his heart and a blood borne infectious disease injury in the form of Hepatitis C. The Workers' Compensation Appeals Board granted reconsideration in Case Number EUR 0038527 and rescinded the WCJ's decision, returning the matter to the trial level for further proceedings. The Board also dismissed the petition with respect to Case Number EUR 0038526, as it was untimely.

City Of Eureka, Permissibly Self-Insured, Do Redwood Empire Municipal Insurance Fund John Turner WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN TURNER, Applicant,vs.CITY OF EVREKA, Permissibly Self-Insured, do REDWOOD EMPIRE MUNICIPAL INSURANCE FUND, Defendant(s).Case No. EUR 0038526OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award and Orders issued by a workers’ compensation administrative law judge (WCJ) on November 6, 20071. In that decision, the WCJ found that applicant, during the period through June 15, 2005, sustained industrial injury to his heart (hypertension and left ventricular hypertrophy with an enlarged, dilated left atrium) as well as a blood borne infectious disease injury in the form of Hepatitis C. The WCJ further found that applicant’s injuries resulted in permanent disability of 36 percent with no basis for apportionment.            In its Petition for Reconsideration, defendant contends that the WCJ’s decision should be vacated on the ground that defendant has newly discovered evidence, which could not have been discovered before trial. Defendant argues that this is material evidence which undermines the evidence relied on by the WCJ and affects the outcome in this matter. Applicant filed an Answer.            In his ’’Report and Recommendation on Reconsideration” (Report), the WCJ recommended that reconsideration be granted in Case Number EUR 0038527 and that the matter be returned for further development of the record in light of the information which became available to defendant after the trial. 1 We note that though defendant’s Petition for Reconsideration included both Case Numbers EUR 0038527 and EUR 0038526, the WCJ’s decision, which is the subject of the petition, issued only in Case Number EUR 0038527. ,             We have considered the allegations of defendant’s Peti

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