Kaweah Delta Health Care District, permissibly self-insured, Linda Rader, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA RADER,Applicant,vs.KAWEAH DELTA HEALTH CARE DISTRICT, permissibly self-insured,Defendant.Case No. ADJ7953480(Fresno District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the March 13, 2017 Findings Of Fact and Award of the workers’ compensation administrative law judge (WCJ), who found that applicant sustained industrial injury to her back, neck, urinary system, upper and lower extremities, partial quadriparesis, bowel and partial quadriplegia on July 1, 2011, while employed as an in home caregiver by defendant, causing a need for future medical treatment and 100% total permanent disability based upon Labor Code sections 4662(a)(3) and 4662(b).1 Defendant contends that the record does not support a finding of total permanent disability, that apportionment should have been applied pursuant to section 4663, and that the WCJ improperly appointed a physician and a vocational expert to develop the record and improperly relied upon their reporting to find total permanent disability. An answer was not received. The WCJ provided a Report And Recommendation On Petition For Reconsideration (Report) recommending that reconsideration be denied. Reconsideration is granted and the WCJ’s March 13, 2017 decision is rescinded as the Decision After Reconsideration. The available record is not sufficient to allow proper review of the WCJ’ s 1 Further statutory references are to the Labor Code. , decision. Upon return to the trial level a clear record should be made of the issues submitted for determination and the evidence received. A new decision should then issue that explains how the evidence and law were applied and the reasons for the decision.DISCUSSION This case was previously before the Appeal
