What the panel ordered
The WCAB granted the Petition for Reconsideration, rescinded the August 17, 2021 Findings and Order, and returned the matter to the trial level for further proceedings.
Applicant sought reconsideration of the August 17, 2021 Finding of Fact and Order (F&O) by the WCJ, which found no injury arising out of employment; the WCAB granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings.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.
The WCJ's original decision found no injury arising out of employment, but the WCAB found the record insufficient due to the medical report not being properly admitted, warranting reconsideration and remand for further proceedings.
From the decision · page 1Applicant seeks reconsideration of the August 17, 2021 Finding of Fact and Order (F&O), wherein the workers' compensation administrative law judge (WCJ) found that applicant, while employed as a janitor on May 1, 2019, and December 1, 2018 to September 30, 2019, did not sustain a specific injury or a cumulative trauma injury arising out of or in the course of his employment (AOE/COE) by defendant C&R Restaurant Group dba Taco Bell.