What the panel ordered
The WCAB grants the Petition for Reconsideration and defers issuance of a final decision pending further review of the merits and the entire record.
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 record insufficient to support the WCJ's denial of payment and penalties due to lack of evidence on whether the Explanation of Review (EOR) was properly served, and granted reconsideration to develop the record further.
From the decision · page 7Based on our review, we are not persuaded that the record is properly developed or whether the existing record is sufficient to support the decision, order, and legal conclusions relating to whether defendant provided an EOR to Dr. Yen and, if so, when. The Appeals Board has the discretionary authority to order development of the record when appropriate to provide due process or fully adjudicate the issues consistent with due process. (See San Bernardino Community Hosp. v. Workers' Comp. Appeals Bd. (McKernan) (1999) 74 Cal.App.4th 928 [64 Cal.Comp.Cases 986]; Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal.App.4th 389 [62 Cal.Comp.Cases 924]; McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117, 1121§ 1122 [63 Cal.Comp.Cases 261, 264-265].)