W.C. HARDWOOD FLOORING; STATE COMPENSATION INSURANCE FUND, MIJAIL GONZALEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIJAIL GONZALEZ, Applicant,vs.W.C. HARDWOOD FLOORING; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ196157 (ANA 0380105)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the September 25, 2009 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) found that applicant did not sustain an industrial back injury as a compensable consequence of his July 2002 to November 12, 2003 admitted injury to his left foot. The WCJ ordered applicant to take nothing. Applicant contends that the WCJ erred in finding his back condition nonindustrial, arguing that the report of Dr. Hose Kim, relied on by the WCJ, is not substantial evidence. We have considered the Petition for Reconsideration and defendant’s Response, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation of Worker’s [sic] Compensation Administrative Law Judge (Report), recommending that the petition be denied. For the reasons discussed below, we will grant the petition for reconsideration, rescind the WCJ’s decision, and return the matter to the trial level for further proceedings and a new decision. Initially, we note that the WCJ’s comment in his Report that applicant’s petition was untimely is not correct. Applicant filed his petition on October 20, 2009, the 25th day after the WCJ’s decision issued. It was timely. , The WCJ summarized the background of this case in his Report, at page 2, “The applicant, Mijail Gonzales, born on August 27, 1973, while working for W.C. Hardwood, sustained an industrial injury in the form of a cumulative trauma from July 2002 to November 12, 2003. “It was admitted he injured both feet, his ankles, and left le
