The Pape Group; Hartford Insurance Company Of The Midwest Venessa Vielma WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVENESSA VIELMA, Applicant,vs.THE PAPE GROUP; HARTFORD INSURANCE COMPANY OF THE MIDWEST, Defendants.Case No. ADJ6780734OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ON MOTION OF THE APPEALS BOARD AND DECISION AFTER RECONSIDERATION Venessa Vielma (applicant) seeks reconsideration of the Findings, Award and Order (FAO) issued by a workers’ compensation administrative law judge (WCJ) on August 8, 2011. As relevant here, the FAO found that applicant, while employed as a service administrator by defendant during the period from July 9, 2007 through October 5, 2007, sustained injury arising out of and occurring in the course of her employment to her neck, upper back, right wrist and sleep disturbance, but not to her left upper extremity, left shoulder or right shoulder. The FAO also found that the injury caused permanent disability of 20% without any basis for apportionment. Applicant contends that the WCJ erred in finding that she did not sustain an industrial injury to her left shoulder, arguing that the medical evidence is clear that the claimed injury occurred and caused ratable permanent disability. We observe that applicant’s timely-filed Petition for Reconsideration was received by the San Jose WCAB District Office on August 15, 2011. In accordance with Appeals Board Rule 108591, the WCJ had 15 days, or until August 30, 2011, to amend, modify or rescind the FAO and take further action in this case. The Electronic Adjudication Management System (EAMS) reveals that on August 31, 2011, applicant and defendant filed a Compromise and Release proposing a complete resolution of this case. 1 Hereinafter, Appeals Board Rule 10859, which is set forth in California Code of Regulations, title 8, section 10859, will be referred to as “Rule 10859.” , Section 9, “Comments” of the Compromise and Release
