David Carmona vs. Bmw Of North America; Zurich North America; Fireman’s Fund

In this case, the Workers' Compensation Appeals Board granted reconsideration of the decision of March 6, 2013, rescinded the decision, and returned the matter to the trial level for further proceedings and decision by the WCJ. The Board found that the WCJ's decision should be corrected to reflect the correct dates of the cumulative trauma, and that the record should be further developed on temporary total disability and apportionment and development of the record of the regular doctor, Dr. Stewart.

BMW Of North America; Zurich North America; Fireman’s Fund David Carmona WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID CARMONA, Applicant,vs.BMW OF NORTH AMERICA; ZURICH NORTHAMERICA; FIREMAN’S FUND, Defendants.Case Nos. ADJ3393930 (AHM 0089017)ADJ2735537 (AHM 0094395)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report, which we adopt and incorporate, we will grant reconsideration, rescind the WCJ’s decision, and return this matter for further proceedings and decision by the WCJ. This is not a final decision on the merits of any issues raised herein, and the parties retain the right to seek reconsideration of the WCJ’s new decision.            Although the WCJ’s Report recommends that the Board grant reconsideration in part, to “correct the clerical error on the dates of the [cumulative] trauma,” it also appears that the WCJ recommends further development of the record on temporary total disability but not “apportionment and development of the record of the regular doctor, Dr. Stewart.” Therefore, while we agree that reconsideration should be granted, we conclude that the WCJ’s decision should be rescinded and that the WCJ should issue her own new decision upon further proceedings at the trial level./ / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that reconsideration of the decision of March 6, 2013 is GRANTED.            IT IS FURTHER ORDERED that as the Decision After Reconsideration, the decision is RESCINDED, and this matter is RETURNED to the trial level for further proceedings and decision by the WCJ.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________FRANK M. BRASSI CONCUR,__________

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