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Gilberto Gonzalez, vs. Tapia Enterprises; Technology Insurance Company, Administered By Sedgwick Cms, Inc.,

Tapia Enterprises; Technology Insurance Company, administered by Sedgwick Cms, Inc., Gilberto Gonzalez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGILBERTO GONZALEZ,Applicant,vs.TAPIA ENTERPRISES; TECHNOLOGY INSURANCE COMPANY, administered by SEDGWICK CMS, INC.,Defendants.Case No. ADJ10125274(Van Nuys District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant Tapia Enterprises/Technology Insurance Company, administered by Sedwick CMS, Inc., seeks reconsideration of the Findings of Fact (FF) issued by the workers’ compensation administrative law judge (WCJ) on March 6, 2017. In pertinent part, the WCJ found that defendant did not meet its burden of proof on the post-termination defense under Labor Code section 3600(a)(10) and that applicant may pursue his industrial injury claim.            Defendant contends that it met its burden to establish that the post-termination defense applies and that applicant has failed to establish any exceptions to the post-termination defense. Specifically, defendant contends that applicant failed to establish that the exceptions found in Labor Code sections 3600(a)(10)(A), (B), and (D) applied.            We did not receive an Answer from applicant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending that the Petition be denied.            We have considered the allegations of the Petition and the contents of the WCJ’s Report. Based on our review of the record and, as discussed below, we grant reconsideration, rescind the FF, and return this matter to the trial level for further proceedings.I.            Applicant worked for defendant as a warehouse supervisor from May 7, 2001 to September 7, 2015, when he was terminated. (Exhibit B, Employee Separation Form.) ,             On September 24, 2015, Dr. Nehzat Nikakhtar, applicant’s treating physician, examined applicant and diagnosed him with (1) cer

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