LONG BEACH UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, c/o TRISTAR, VERNITA CAREY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVERNITA CAREY, Applicant,vs.LONG BEACH UNIFIED SCHOOL RECONSIDERATIONDISTRICT; Permissibly Self-Insured, c/o TRISTAR, Defendant(s).Case Nos. ADJ188649 (LBO 0289923)ADJ668755 (LBO 0252821)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION The Board is advised that a Petition for Reconsideration from one of the parties has been filed with regard to the workers’ compensation administrative law judge’s (WCJ) recent decision. The Board has also been advised by the WCJ’s office that the official file is either lost or cannot be found. In view of the missing or lost file the Board will grant reconsideration, rescind the WCJ’s decision and return this matter to the trial level to allow the parties to reconstruct the file. Thereafter, the WCJ may take into account the pleadings and issue or reissue a new decision, after which an aggrieved party may timely seek reconsideration. In other words, the Board will not grant reconsideration and hold this matter on reconsideration indefinitely while the parties send documents to the Board for reconstruction of the missing file. It is more efficient to perform that activity at the trial level while preserving the rights of the parties to again seek reconsideration if necessary. For the foregoing reasons, IT IS ORDERED that reconsideration of decision of November 18, 2008, be, and the same hereby is, GRANTED. , IT IS FURTHER ORDERED that as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, the decision of November 18, 2008, be, and the same hereby is, RESCINDED, and this matter RETURNED to the trial level for further proceedings and decision by the WCJ consistent with this opinion. WORKERS’ COMPENSATION APPEALS BOARD ______________________________________ JAMES
