What the panel ordered
The September 24, 2024 Findings and Award issued by the WCA is rescinded and the matter is returned to the trial level for further proceedings and decisions by the WCA.
Defendant JD2 Incorporated petitioned for reconsideration of the Findings and Award issued by the workers' compensation arbitrator on September 24, 2024. The WCAB granted reconsideration on January 7, 2025, and after further proceedings, issued this decision on January 26, 2026.
This docket was decided more than once. Shown here is the latest released decision; we also hold January 7, 2025.
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 the WCA erred in determining the date of injury and the evidence did not support the finding of injury arising out of and in the course of employment. The matter was remanded for further proceedings.
From the decision · page 1Defendant JD2 Incorporated, insured by Federal Insurance Company c/o Gallagher Bassett (defendant), petitioned for reconsideration of the Findings and Award (F&A), issued and served by the workers' compensation arbitrator (WCA) on September 24, 2024. In that decision, the WCA found that applicant, while employed as an ironworker from June [16]1, 2020 to June 16, 2021, sustained industrial injury to his cervical spine, thoracic spine, lumbar spine, bilateral shoulders, elbow and wrists, with the issue of injury to his respiratory system deferred. The WCA further found applicant's knowledge and first date of disability of his cumulative trauma pursuant to Labor Code2 section 5412 was June 17, 2021. Finally, the WCA found and awarded applicant temporary total disability (TTD) for the period June 17, 2021 through June 15, 2023, at a rate to be adjusted by the parties.