Carlos Alberto Recinos vs. Monarch Litho, Inc., State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that denied the applicant's claim for serious and willful misconduct. The WCAB found that the prior decision was not based on substantial evidence, particularly concerning the expert testimony regarding the cause of the applicant's severe injury. Because the original judge retired and crucial evidence was flawed, the WCAB rescinded the prior order. The case is now returned to the Presiding Judge to be assigned to a new judge for further proceedings and a new decision.