HUGO GARCIA-FLORES vs. MISOPE USA, INC., REDLANDS INSURANCE AND ACCEPTANCE INDEMNITY COMPANY

This case involves a defendant's Petition for Reconsideration challenging a WCJ's order that reinstated a prior rescission without addressing the defendant's due process objections. The defendant argued the WCJ erred by proceeding to trial without their attorney and failing to rule on their objection concerning service of evidence and sufficiency of medical reports. The Appeals Board granted reconsideration, finding the threshold issue of injury had not been clearly established and the defendant's objection was not addressed. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including findings on injury and the defendant's objection.