JULIO BARRERA vs. ZARCOS TRUCKING; STATE COMPENSATION INSURANCE FUND

This case involves Julio Barrera and Zarcos Trucking, as well as the State Compensation Insurance Fund. The Workers' Compensation Appeals Board granted reconsideration of the decision of July 16, 2012, and rescinded the decision, returning the matter to the trial level for further proceedings and decision by the WCJ. This is not a final decision on the merits of any issues raised.

ZARCOS TRUCKING; STATE COMPENSATION INSURANCE FUND JULIO BARRERA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJULIO BARRERA, Applicant,vs.ZARCOS TRUCKING; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ7083577(Oakland District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION 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.            Contrary to lien claimant’s assertion, WCAB Rule 10562 does not permit a telephone appearance. It states that when served with notice of a conference the lien claimant must appear “either in person or by an attorney or representative,” AND “have a person with settlement authority available by telephone.” In other words someone must appear and have or be able to obtain settlement authority.////////////////// ,             For the foregoing reasons,            IT IS HEREBY ORDERED that reconsideration of the decision of July 16, 2012, is GRANTED, and as the Decision After Reconsideration the decision is RESCINDED, and this matter RETURNED to the trial level for further proceedings and decision by the WCJ.WORKERS’ COMPENSATION APPEALS BOARDDEPUTY_______________________________________________RICK DIETRICHI CONCUR,_______________________________________________  RONNIE G. CAPLANE_______________________________________________  MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIA  AUG 02, 2012SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTE

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