What the panel ordered
Petition for Reconsideration denied; WCAB panel upheld WCJ's order reopening claim and denying reconsideration.
Petition for Reconsideration filed by defendant after WCJ reopened applicant's cumulative trauma claim based on QME's changed opinion; WCJ recommended denial of reconsideration; WCAB panel decision issued.
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.
Reopening / new and further disabilityApplicant prevailedback · cervical spine
The WCJ and WCAB found good cause to reopen the claim based on the QME's changed opinion identifying cumulative trauma injury after the claim was dismissed without prejudice.
From the decision · page 1Applicant agreed to dismiss her claim for cumulative trauma injury based on the reporting of QME Dr. Georgis, dated June 25, 2020, which did not identify a cumulative trauma injury. (Stipulation and Order, dated December 1, 2020.) The Report and Recommendation on Petition for Reconsideration (Report) noted that the stipulation to dismiss this case was filed prior to the issuance of Dr. Georgis' October 26, 2020 report, where he attributed causation to the cumulative trauma claim for the first time. (Report, p. 2.) Accordingly, we agree with the WCJ that the subsequent change in opinion of the QME constitutes good cause to reopen the claim. (Cal. Lab. Code § 5803.)