What the panel ordered
Petition for reconsideration granted; Findings and Award of November 25, 2024 rescinded; matter returned to trial level for further proceedings.
Defendant sought reconsideration of the Findings and Award issued on October 15, 2024, which was vacated by the WCJ on November 25, 2024. The WCAB granted reconsideration and rescinded the Findings and Award, returning the matter to the trial level for further proceedings.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 WCAB found that the WCJ's injury finding was based on applicant's testimony and immediate emergency room treatment, but substantial medical evidence was required. Dr. Patel's reports were reviewed and found to be based on pertinent facts and adequate examination but unclear as to adequate medical history, partly due to defendant restricting medical records review. The Board concluded further development of the record was necessary to determine if Dr. Patel's opinion was based on adequate medical history.
From the decision · page 8Here, as stated by the WCJ in the Report, the finding of injury to the neck, spine, and bilateral shoulders in the F&A is based upon applicant's testimony as to how the injury occurred and the fact that she sought emergency room treatment immediately. (Report, p. 5.) Under the foregoing authorities, however, substantial medical evidence is required to establish injury AOE/COE. Therefore, we will evaluate QME Dr. Patel's reporting to determine whether the injury finding is supported by substantial medical evidence.