What the panel ordered
Petition for Reconsideration granted; August 8, 2023 Findings and Order rescinded and substituted; Petition to Reopen for New and Further Disability dismissed; Defendant's Petition to Dismiss granted.
Applicant filed a Petition for Reconsideration from the August 8, 2023 Findings and Order issued by the WCJ, which was granted for reconsideration and amendment of jurisdictional findings.
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.
Applicant did not sustain new and further disability; no good cause shown to reopen award based on QME report and lack of new medical evidence.
From the decision · page 2FINDINGS AND ORDER 1. applicant, while employed on September 13, 2016, as a mechanic, Occupational Group No. 370, at Watsonville, California, by Dick Peixoto, sustained injury arising out of and in the course of employment to his head and neck. 2. At the time of the injury, the employer's workers' compensation carrier was Star Insurance Company, administered by Meadowbrook Insurance Group. 3. Applicant's September 1, 2021 Petition to Reopen for New and Further Disability was filed timely. 4. Applicant has not sustained new and further disability; therefore, good cause has not been shown to reopen Applicant's Award. 5. Defendant's Petition to Dismiss Applicant's September 1, 2021 Petition for New and Further Disability is granted. 6. This decision does not affect Applicant's August 1, 2017 Award of further medical treatment, which remains in effect.