ADJ1715257

(GRO 0033645) is a case in which Byron Breault, the applicant, sought reconsideration of a September 22, 2009 Findings of Fact, wherein the workers’ compensation administrative law judge (WCJ) found the reports of Dr. Wallace and Ms. Owens admissible and allowed applicant’s medical-legal costs in full. The WCJ deferred all other issues. The defendant sought reconsideration, arguing that the evidence should not have been admitted and the costs should not have been allowed. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the Findings of Fact, and returned the matter to the trial level for the WCJ to hold, pending a decision from the Supreme Court in Hertz Corporation v. Workers’ Comp

This case is about Byron Breault’s petition to reopen his September 2007 award of permanent disability for an admitted industrial injury to his psyche while employed by F. McClintock’s Saloon and Dining House. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the Findings of Fact of April 20, 2009, and returned the matter to the trial level for further proceedings, including the creation of an adequate trial record, and thereafter a new decision on the merits of the parties’ disputes.