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Tracee Mawyer vs. Hg

HG Tracee Mawyer WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATRACEE MAWYER, Applicant,vs.GALLO GLASS COMPANY, Permissibly Self-Insured, Defendant.Case No(s). ADJ602790 (STK 0179563)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION; AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the June 29, 2011 Findings and Award and Orders issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained industrial injury to her neck and bilateral shoulders while employed through February 17, 2001. The WCJ further found that applicant sustained “no other injury in STK 179563” and that applicant is entitled to temporary disability from November 14, 2002 to April 14, 2003, and from November 14, 2003 to August 1, 2004.            Defendant contends that the WCJ erred in awarding temporary disability for said periods, arguing that applicant failed to meet her burden of proof that the need for temporary disability resulted from her industrial injury.            Applicant filed an Answer. The WCJ issued a Report and Recommendation and Petition for Reconsideration (Report) recommending that we deny reconsideration.I.            Based on our review of the record and for the reasons discussed below, we will grant reconsideration, rescind the WCJ’s decision, and return Case No. ADJ602790 (STK 179563) to the trial level for further proceedings and decision. In addition, we affirm the WCJ’s decision in Case No. ADJ2195917 (STK 198391) as provided below. , II.            This matter first proceeded to trial on November 9, 2010 on the relevant issues of injury arising out of and occurring in the course of employment (AOE/COE), nature and extent of the injury, and applicant’s claim of temporary disability from June 30, 1999 to the present and continuing. At that time, the matter was submitted. The WCJ issued a January 7, 2011 Findings and Award and Orders finding that applicant sustained indust


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