Pireate Staffing; Lumbermen’s Indemnity, In Liquidation, Administered By Ciga; Exclusive Tent Rentals; State Compensation Insurance Fund, Marcos Camacho, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARCOS CAMACHO, Applicant,vs.PIREATE STAFFING; LUMBERMEN’S INDEMNITY, In Liquidation, Administered By CIGA; EXCLUSIVE TENT RENTALS; STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ7818556(San Bernardino District Office) OPINION AND DECISION GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on August 30, 2017, wherein the WCJ found that applicant sustained industrial injury to his back, but did not meet his burden of proof to establish industrial injury to his hips, lower extremities, or psyche. The WCJ also found that applicant asserted his privilege against self-incrimination by refusing to respond to relevant and material questions at trial on cross-examination.The WCJ awarded costs for interpreter services and some attorney fees, and ordered that applicant take nothing further on his claim. Applicant contends that the WCJ erred in ordering that he take nothing further on his claim of industrial injury to his back, arguing that his testimony and the medical evidence supports a finding of industrial causation. Applicant also contends the WCJ improperly drew a negative inference from his assertion of his Fifth Amendment right against self-incrimination, and on this basis, denied his claim. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that applicant’s petition be denied. Based on our review of the record, and for the reasons stated herein, we will grant reconsideration, and ret
