What the panel ordered
Joint Findings and Order issued December 28, 2021 rescinded; matter returned to trial court for further proceedings consistent with this decision.
Petition for reconsideration granted; prior Findings and Order rescinded; case returned to trial level for further proceedings on injury AOE/COE and discovery issues.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
AOE/COERemandedbilateral upper extremities · bilateral wrists · bilateral hands · bilateral arms · neck · digestive system · fingers · both shoulders · elbows · internal · dental · nervous system · pulmonary · vision
The WCJ failed to make findings on injury AOE/COE and improperly based denial solely on applicant's lack of credibility; the Appeals Board requires medical evidence for injury determination and remands for further proceedings.
From the decision · page 2FACTUAL BACKGROUND On November 24, 2020, the matter proceeded to trial in ADJ10222709. In that case, applicant claims to have sustained injury AOE/COE while employed by UCLA as a hospital lab technician, during the period May 1, 2014 through November 11, 2015, to her bilateral upper extremities, bilateral wrists, bilateral hands, bilateral arms, neck, digestive system (stomach), fingers, both shoulders, elbows, internal, dental, nervous system, pulmonary and vision. The issues raised for determination were stated as follows: 1. Injury arising out of and in the course of employment. 2. Applicant attorney's motion to strike PQME Klassen is vigorously opposed by both defendants, including possible deposition unavailability. 3. Applicant's request for an additional panel in internal medicine is opposed by defendants. 4. Applicant's attorney objects to trial at this time and seeks further discovery.