Sprint PCS Nextel; CNA Risk Management Leonel Arriola WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEONEL ARRIOLA, Applicant,vs.SPRINT PCS NEXTEL; CNA RISKMANAGEMENT, Defendant(s).Case No. ADJ828729 (VNO 0514052)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Findings and Award issued November 24, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to his “back, and neurologic system/headaches and ears” on December 30, 2004 while employed as a field technician. The injury caused temporary disability from December 31, 2004 to June 5, 2005 and 29% permanent disability. The WCJ specifically found that applicant did not sustain an industrial injury to his psyche. Thereafter, the WCJ issued an Order Vacating Finding and Award for Clerical Error Pursuant to 8 Cal. Code Regulations 10858 and Notice of Conference on December 17, 2009. The effect of this Order vacated the Findings and Award issued November 24, 2009. In a petition filed December 29, 2009, seeking reconsideration of the Findings and Award issued November 24, 2009, applicant contends that the WCJ erred by excluding the medical reports of Dmitry Tuller, PhD, dated July 21, 2006 and Kinan Hadaya, D.C., dated December 12, 2009. Applicant further contends that the decision on applicant’s claim should have been deferred so that the record could be further developed. Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s petition because the Findings and Award issued November 24, 2009 has been vacated , pursuant to California Code of Regulations, title 8, section 10858. Therefore, applicant’s petition is moot and we return this matter to the trial level for further proceedings. For the foregoing reasons, IT IS ORDERED that applicant’s Petition for Reconsideration is DISMISSED.WORKERS’ C
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