What the panel ordered
May 7, 2021 Findings and Order rescinded; new Findings of Fact issued finding injury AOE/COE on October 15, 2018; all other issues deferred; matter returned to trial level for further proceedings.
Petition for reconsideration granted; prior Findings and Order of May 7, 2021 rescinded and replaced; matter returned to WCJ for further proceedings.
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/COEApplicant prevailedneck · arm · back · hips
Substantial medical evidence from QME Dr. Kesho Hurria supports a finding that applicant sustained injury AOE/COE on October 15, 2018, meeting the lien claimant's burden of proof.
From the decision · page 7In the QME Report of July 20, 2019, QME Dr. Hurria stated that applicant suffered from an industrial injury AOE/COE. (LC Ex. 1, p. 19.) Based on applicant's recounting of the incident, Dr. Hurria reported that the injury was specific and occurred in October 2018, when applicant held a falling pallet in place for approximately 10 minutes. (LC Ex. 1, pp. 3, 14-17.) The QME report included a history of the injury according to applicant, pre-existing injuries, a physical examination, and a review of applicant's medical records and his deposition before concluding that the injury was industrial. (LC Ex. 1, pp. 2-19.) In the QME report of November 7, 2019, Dr. Hurria again concluded that applicant had suffered an industrial injury that was specific in nature. (LC Ex. 1, p. 36.)