Sombrilla Management LLC; State 8 Compensation Insurance Fund Pedro Villagrana WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPEDRO VILLAGRANA, Applicant,vs.SOMBRILLA MANAGEMENT LLC; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3983015 (GRO 0034612)ADJ4506616 (GRO 034613)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Pedro Villagrana, seeks reconsideration of the Joint Findings and Award, issued November 10, 2010, in which a workers’ compensation administrative law judge (WCJ) found, inter alia, that applicant’s claim for injury to his psyche was barred under Labor Code section 3208.3(d), because applicant was not employed by the same employer for the requisite six months when he sustained his orthopedic injury on May 30, 2006.[justify][/justify]Applicant contests the WCJ’s conclusion that effective January 1, 2006, he became employed by a different entity, arguing that the fact that the business that employed him chose to change its management structure should not preclude him from meeting the six-month employment threshold to assert a claim for injury to his psyche as a compensable consequence of an orthopedic injury. For the reasons set forth below, we shall grant reconsideration, rescind the Joint Findings and Award and return this matter to the trial level to further develop the evidentiary record relative to the identity of applicant’s employer on January 1, 2006.I. According to applicant’s testimony as set forth in the Summary of Evidence and Minutes of , Hearing1, he had been employed as a landscape and maintenance worker at Rusack Ranch for five years, when on May 30, 2006, he sustained an industrial injury to his back. His job duties had remained consistent for his period of employment, including driving a tractor, maintenance, making deliveries, administration, and supervising some employees. On January 1, 2006, the company that paid him changed its name f
