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Greg Johnson vs. Montebello Unified School district, Permissibly Self-insured Adjusted By York Insurance Services Group

Montebello Unified School District, Permissibly Self-Insured Adjusted By York Insurance Services Group Greg Johnson WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGREG JOHNSON, Applicant,vs.MONTEBELLO UNIFIED SCHOOL DISTRICT, permissibly self-insured adjusted by YORK INSURANCE SERVICES GROUP, Defendant(s).Case No. ADJ6825349OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the May 27, 2010 Finding and Order, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained an industrial injury to his left knee and low back.1             Defendant contends that the WCJ c£red in finding that the applicant sustained an industrial injury. Defendant argues that judicial notice should be taken of various medical websites that allegedly show that applicant could not have sustained the injury as applicant described. Defendant also argues that the Findings and Order was procured by fraud. Finally, defendant argues that the medical record requires further development.            The applicant Filed an answer and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report). For the reasons discussed below, we will grant reconsideration, rescind the May 27, 2010 Findings and Order, and return this matter to the trial level for further proceedings and a new decision.            As a preliminary matter, defendant’s icqucst that we take judicial notice of several I medical websites is inappropriate. Although the Appeals Board is not bound by statutory or 1 The WCJ did not make a finding on date of injury. Applicant claimed he was injured on May 5. 2009 , common law rules of evidence or procedure, and procedural variations and a relaxation of formal rules of evidence are permitted, the Appeals Board acts in excess of its jurisdiction if it deprives a party of due process or other constitutional protections. (Lab. Code. §§ 5708. 57

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