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Halina Krolicki, vs. Source Interlink; Sentry Insurance Company,

SOURCE INTERLINK; SENTRY INSURANCE COMPANY, HALINA KROLICKI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHALINA KROLICKI, Applicant,vs.SOURCE INTERLINK; SENTRY INSURANCE COMPANY, Defendant(s).Case No. ADJ3562782 (LBO 0388063)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award issued July 30, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to her back on November 30, 2006, while employed as a magazine merchandiser resulting in temporary disability from November 31, 2006 to January 14, 2008 and 16% permanent disability. Applicant was also awarded medical treatment and reimbursement for self-procured medical treatment.            Defendant contends that the WCJ erred: (1) by relying upon the medical opinion evidence of Mark Greenspan, M.D. arguing that Dr. Greenspan’s opinion does not constitute substantial evidence; (2) by failing to rely upon the medical opinion evidence of David Fisher, M.D. arguingthat Dr. Fisher’s opinion constitutes substantial medical evidence; and (3) by failing to order cross- examination of the rating specialist arguing that defendant filed a timely objection to the formal rating and was denied due process by the failure to set the cross-examination of the rating specialist.            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ recommended that defendant’s petition should be granted, regarding failure to set the cross- examination of the rating specialist, and returned to the trial level for further proceedings./// ,             Based upon our review of the record, and for the reasons set forth both herein and in the WCJ’s Report, we will grant reconsideration, rescind the Findings and Award and return this matter to the trial level for further proceedings and a new decision following defendant’s cross- examina


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