Pacific Hospital of Long Beach; Zurich North America Los Angeles Mona West WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMONA WEST, Applicant,vs.PACIFIC HOSPITAL OF LONG BEACH; ZURICH NORTH AMERICALOS ANGELES, Defendant.Case No. ADJ3243152 (LBO 0366361)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award and Order issued by a workers’ compensation administrative law judge (WCJ) on November 18, 2009, wherein the WCJ found that applicant, while employed as a certified nursing assistant on May 3, 2004, sustained industrial injury to her left ankle/shin, left knee and lumbar spine, causing 35% permanent disability. The WCJ also found that applicant is entitled to temporary total disability from October 8, 2004 through February 7, 2007, less benefits previously paid. Defendant contends the WCJ erred in finding that applicant’s injury caused temporary disability from October 8, 2004 through February 7, 2007, arguing that the medical opinion of agreed medical examiner (AME) David L. Woods, M.D., on which the WCJ relied, is not substantial evidence because the AME does not adequately discuss temporary disability. We have considered the petition for reconsideration and we have reviewed the record in this matter. Applicant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be granted with respect to Findings of Fact Number 4 and paragraph (a), and that the matter be returned to the trial level to develop the record with respect to the temporary disability issue. , For the reasons set forth herein and in the WCJ’s Report, we will grant reconsideration, rescind Finding of Fact Number 4 and the entirety of the Award, and return the matter to the trial level as recommended by the WCJ for further development of the record on the issue of temporary disability.
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