Glenn E. Thomas Dodge; Farmers Insurance Exchange Peter Ferino WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPETER FERINO, Applicant,vs. GLENN E. THOMAS DODGE; FARMERS INSURANCE EXCHANGE, Defendant.Case No. MON 318383OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the November 1, 2007 Findings and Award of the workers’ compensation administrative law judge (WCJ) wherein it was found after an expedited hearing that applicant incurred industrial injury to his right knee as a compensable consequence of an industrial injury to his back while employed as a line mechanic on April 25, 2000, and that he was entitled to additional temporary total disability and right knee surgery as reasonable medical treatment. Defendant contends that the WCI lacked jurisdiction to determine industrial causation of a disputed body part at an expedited hearing and that the finding that applicant incurred injury to his right knee as a compensable consequence of the admitted industrial injury to his back is not supported by substantial evidence. We grant reconsideration and rescind the November 1, 2007 Findings and Award because the finding that applicant incurred compensable consequence injury to his right knee is not supported by substantial medical evidence. The matter will be returned to the trial level for development of the record, further proceedings and decision by the WCJ. Defendant admits that applicant incurred industrial injury to his low back on April 25, 2000, while he was working as a line mechanic for Glenn E. Thomas Dodge. Despite multiple treatments and two surgeries, his back condition has not materially improved. , On August 13, 2007, applicant filed a Declaration of Readiness to Proceed to Expedited Hearing, asserting, in part, that knee surgery had been requested but not authorized. At a conference on September 27, 2007 it was noted by the WCJ
