“Wabi Sabi Teppan Steakhouse; Avizent Robert Roth WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT ROTH, Applicant, vs.WABI SABI TEPPAN STEAKHOUSE; AVIZENT, Defendant,Case No. ADJ6548054OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER WABI SABI TEPPAN STEAKHOUSE; RECONSIDERATION Applicant seeks reconsideration of the May 27, 2010 Findings of Fact, wherein the workers’ compensation administrative law judge (VVCJ) found that applicant’s claim is barred by Labor Code section 3600(a)(10) and that all other issues are moot. The panics stipulated that applicant claims to have sustained industrial injury to his abdomen stomach (hernia), diverticulitis, psyche, and internal system, while allegedly employed as a manager on July 26, 2008. Applicant contends the WCJ erred in Jnding his claim barred by section 3600(a)(l0), arguing that medical records show evidence of injury prior to his lay-off, that the employer was aware of the injury, and that Labor Code section 3202 obligates the WCJ to rule in favor of applicant. We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will grant applicant’s petition for reconsideration, rescind the WCJ’s Finding of Fact, find that applicant’s claim is not barred by section 3600(a)(10), and return the matter to the trial level for further proceedings and decision on the remaining issues. , The WC J summarized the facts of this case, as follows, at pages 1-2 of his Report: “Petitioner while allegedly employed on July 26, 2008 as a manager, occupation was dispute, claimed to have sustained injury arising out of and in the course of employment to abdomen/stomach (hernia), diverticulitis, internal system, and psyche. Defendant argued that l
