What the panel ordered
The WCAB granted reconsideration, rescinded the WCJ's August 22, 2023 Findings and Order, and returned the matter to the WCJ for further proceedings consistent with the opinion and to issue a new decision.
Applicant sought reconsideration of the WCJ's Findings and Order issued August 22, 2023, which found no injury AOE/COE to applicant's back on May 25, 2021; the WCAB granted reconsideration, rescinded the F&O, and returned the matter to the WCJ for further proceedings.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 was based on a finding that the injury date was inconsistent and that the QME's opinion was not based on an accurate history due to incomplete medical records. The WCAB found the record lacked substantial evidence and ordered further development of the record and a supplemental QME report.
From the decision · page 1Applicant seeks reconsideration of the Findings and Order (F&O)1 issued by the workers' compensation administrative law judge (WCJ) on August 22, 2023, wherein the WCJ found that applicant did not sustain an injury arising out of and occurring in the course of employment (AOE/COE) to his back on May 25, 2021; and the WCJ ordered that applicant take nothing.