What the panel ordered
The Appeals Board denied both applicant's Petition for Reconsideration and defendant's Petition for Reconsideration/Removal of the November 7, 2023 Interim Findings and Order.
Petitions for reconsideration and removal of the Interim Findings and Order issued by the WCJ on November 7, 2023, were filed by both applicant and defendant, challenging interlocutory discovery issues and further development of the record.
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 no substantial prejudice or irreparable harm to either party from further development of the record and concluded reconsideration would be an adequate remedy if a final adverse decision is issued, thus denying the petitions.
From the decision · page 1Applicant seeks reconsideration, and defendant seeks reconsideration and removal, of the Interim Findings and Order (F&O) issued by the workers' compensation administrative law judge (WCJ) on November 7, 2023, wherein the WCJ found in pertinent part that pursuant to Labor Code section 3212.10, applicant's heart trouble (left ventricular hypertrophy) is presumed to be an injury arising out of and occurring in the course of employment (AOE/COE); that the presumption is rebuttable; that the reports and deposition testimony of cardiology/internal medicine qualified medical examiner (QME) Richard G. Friedman, M.D., are not substantial evidence; and that the record needs further development to determine if the Labor Code section 3212.10 presumption has been rebutted.1