What the panel ordered
The Appeals Board rescinded the August 9, 2023 Findings of Fact and Award and returned the matter to the WCJ for further proceedings consistent with the opinion and to issue a new decision.
Applicant sought reconsideration of the Findings of Fact and Award issued by the WCJ on August 9, 2023, which found 89% permanent partial disability based on the Combined Values Chart; the Appeals Board granted reconsideration to further study the factual and legal issues.
This docket was decided more than once. Shown here is the latest released decision; we also hold October 30, 2023.
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.
The Appeals Board found that Dr. Feinberg's opinions were not substantial evidence because they lacked detailed explanation and did not consider surveillance videos, thus requiring further development of the record and a new decision by the WCJ.
From the decision · page 1Applicant seeks reconsideration of the Findings of Fact and Award (F&A) issued by the workers' compensation administrative law judge (WCJ) on August 9, 2023, wherein the WCJ found in pertinent part that applicant did not rebut the Combined Values Chart (CVC) in the 2005 Permanent Disability Rating Schedule (PDRS), and that her bi-lateral hands and wrists injury caused 89% permanent partial disability.