Ogden

Facts

On January 18, 1982, Manuel Perez Fuentes, an employee of petitioner, Mel Ogden, had toes on his left foot amputated and his left foot severely injured when, in the course of his employment, a piece of metal fell on his *789 foot. Fuentes filed an application for workers’ compensation benefits, and after a hearing it was decided that he was entitled to the benefits.

However, because there was a dispute over whether or not petitioner’s workers’ compensation insurance policy had been canceled prior to the injury to Fuentes, further hearings were scheduled. After the completion of the hearings, the workers’ compensation judge found that although the policy had been canceled, respondent Underwriters Insurance Company (Underwriters) was estopped from denying coverage to petitioner.

Respondent Underwriters filed a petition for reconsideration with the Workers’ Compensation Appeals Board (Board). The judge who originally heard the case filed a report and recommendation regarding the petition for reconsideration. In this report the judge wrote, “It is recommended that the panel read all of the arguments set out by the parties and come to their own decision, [f] The judge…