SOUTHERN CALIFORNIA EDISON; Permissibly Self-Insured, And Self-Administered, MARK SCOTT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARK SCOTT, Applicant,vs.SOUTHERN CALIFORNIA EDISON; RECONSIDERATION Permissibly Self-Insured, And Self-Administered, Defendant(s).Case No. ADJ6500027OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings of Fact issued by the workers’ compensation administrative law judge (WCJ) on April 1, 2009, wherein the WCJ found that applicant, while employed as a serviceman from May 20, 1998 through June 4, 2007, sustained industrial injury to his left knee. The WCJ also found that applicant’s claim is not barred by the statute of limitations. Defendant contends the WCJ erred in finding that applicant’s claim is not barred by the statute of limitations, arguing that applicant had knowledge of the industrial nature of his injury and did not file his claim within one year. Defendant also contend4.the WCJ erred in finding injury arising out of and in the course of the employment (AOE/COE), arguing that this finding is not supported by any medical evidence. We have considered the petition for reconsideration, and we have reviewed the record in this matter. Applicant filed an answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (“Report”), recommending that the petition be denied with respect to the statute of limitations issues, that reconsideration be granted with respect to the issue of medical substantiation of industrial injury, and the matter be remanded to the trial level for further , development of the record. For the reasons discussed below, we will grant reconsideration, rescind the April 1, 2009 Findings of Fact, and return the matter to the trial level for further proceedings and a new decision by the WCJ.FACTS As relevant here, applicant alleged industrial injury to his left knee
Mark Scott, vs. Southern California Edison; Permissibly Self-insured, And Self-administered,
This case is about Mark Scott, an employee of Southern California Edison, who filed a claim for workers' compensation alleging an industrial injury to his left knee. The Workers' Compensation Appeals Board granted reconsideration of the Findings of Fact issued by the workers' compensation administrative law judge, rescinded the April 1, 2009 Findings of Fact, and returned the matter to the trial level for further proceedings and a new decision by the WCJ. The Board found that there was no medical evidence to support a finding of industrial injury and that further development of the medical record was necessary.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6500027
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