What the panel ordered
The Board rescinded the WCJ's Findings and Order, found the cumulative injury claim was not resolved by the prior C&R, and allowed applicant to proceed with her claim in ADJ15223054.
Applicant sought reconsideration of the October 18, 2022 Findings and Order, which found her cumulative injury claim was settled by a prior C&R; the Board granted reconsideration and now issues its decision after reconsideration.
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 C&R only referenced the specific injury and case number ADJ12748629, not the cumulative trauma claim or case number ADJ15223054; thus, the cumulative claim was not resolved by the C&R and is not duplicative.
From the decision · page 5Applicant alleges she sustained injury to her nervous system including stress/psyche system on June 26, 2019. Thus, by definition her alleged injury, is a specific injury. Moreover, case number ADJ12748629 is the only case number listed in the C&R. In applicant's other claimed injury, she alleges she sustained a cumulative injury from June 25, 2018 to June 25, 2019, to her nervous system including psych, and stress, and it was assigned case number ADJ15223054.