UNITED AIRLINES, Permissibly Self-insured, Administered By GALLAGHER BASSETT SERVICES, INC., MARTA MAYA AFRIAT, , We have considered lhe pennon for reconsideration and we have reviewed tin record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Defendant’s Petition for Reconsideration and/or Petition for Removal (Report», recommending that the petition be denied. For the reasons discussed below, we will deny removal. We will also grant reconsideration, rescind the August 16. 2010 decision, and return the matter to the trial level for further proceedings and a new decision by the WCJ.FACTS As relevant here, applicant filed a claim form for a specific incident **n August 25. 2008. alleging that she tripped and fell while employed by defendant, injuring her shoulders anti suffering dizziness and chest pain. On Sepiemhcr 15. 2008. she filed a subsequent claim lonn. alleging major recurring stress/depression combined with neck and arm pain On November IS. 2UU8. the claim was denied by defendant. Applicant then filed a cumulative trauma claim, alleging injury to her back, knees, hypertension and psyche from August 2. 1999 to August 25. 2008. On May 28. 2009. defendant denied the cumulative injury claim.’flic matter proceeded to a mandatory settlement conference (MSC) on February 22. 2010, a status conference on March 8. 2010. and an MSC on March 23. 2010. Applicant requested that her cases proceed to trial on the issues of injury arising out of and in the course of the employment, disability benefits, and medical treatment Defendant asserted that it had the right to obtain medical evidence and have the applicant examined pursuant to section 4060 and 4062.2. Applicant asserted that pursuant to Rule 30. defendant was precluded from obtaining an rebuttal reports. Ihc WCJ allowed further lime for briefing and the mailer was continued to an MSC on April 13,2010 The April 13, 2010 Minutes
