What the panel ordered
The WCAB granted defendant's petition for reconsideration to clarify the Findings of Fact, rescinded the original Findings, and substituted new Findings of Fact. The claim was found compensable with injury to multiple body parts and the date of injury set at October 26, 2021. The claim was not barred by the statute of limitations or as a post-termination claim.
Defendant sought reconsideration of the WCJ's Findings of Fact and Order issued August 22, 2023. The WCJ had found applicant sustained injury arising out of employment. The WCAB granted reconsideration, rescinded the original Findings, and substituted new Findings of Fact clarifying the date of injury and other issues.
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 WCAB found that applicant sustained injury to cervical spine, lumbar spine, shoulders, knees, hands, and wrists arising out of employment.
From the decision · page 4FINDINGS OF FACT 1. applicant, while employed during the period from June 4, 2004, to October 7, 2021 at Fullerton, California by South Coast Transportation &Distribution dba Western Regional Delivery Services, as a truck driver, sustained injury arising out of and in the course of employment to his cervical spine, lumbar spine, shoulders, knees, hands and wrists. 2. At the time of injury, the employer's workers' compensation carrier was ZurichAmerican Insurance, as administered by Gallagher Bassett Services, Inc. 3. The primary treating physician is Khalid Ahmed, M.D. 4. Pursuant to Labor Code section 5412, the date of injury is October 26, 2021.