Taco Bell; Ace American Insurance, Mohamed Moneeb Elnabarawy WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMOHAMED MONEER ELNABARAWY, Applicant,vs.TACO BELL; ACE AMERICAN INSURANCE, Defendant(s).Case No. ADJ2553755 (SFO 0496825)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the September 9, 2010 Findings oJ fact issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ I wind tliat applicant, while employed as a senior assistant general manager during the cumulative period ending February 20. 2006. sustained industrial psychiatric injury. The WCJ further found that defendant failed to prose a good faith pcisonal action defense. All oilier issues were deferred. Defendant contends that the WCJ should not have relied on the opinion of panel qualified medical evaluator (QME) Alberto Lopez. M.D.. to find industrial psychiatric injury arguing that Dr. Lopez’ May 24. 2010 report was not listed as an exhibit on the pretrial conlerence statement, that it was not admitted into evidence at trial, and that it docs not consist ol substantial medical evidence. Applicant filed an Answer, and the WCJ issued a Report and Recommendation on Petiiion for Reconsideration i Repon) recommending that we deny reconsideration Based on our icsicw of the record and for the reasons discussed below, we will grant reconsideration, rescind die WCJ’s decision, and return this matter to the trial lecl for further proceedings and decision by the WCJ. This matter wax tried on July 21. 2010. At that time. Dr Lope/’ May 24. 2010 panel QMF. report was not formally received into evidence but was only marked for identification. , Nevertheless, lhe WO relied on Dr. Lopez’ opinion lo find industrial psychiatric injury. In her Report, the WCJ Mated that. “The fact that I relied on the report of PQME Dr. Lopez in making my decision would imply that the d
