What the panel ordered
Findings, Award and Order affirmed except amended to defer issues of injury AOE/COE to cervical spine, permanent disability, future medical treatment for cervical/lumbar spine, overpayment of permanent disability indemnity, and attorney fees; matter returned to trial level for further proceedings.
Applicant sought reconsideration of the August 31, 2020 Findings, Award and Order; WCAB granted reconsideration, reviewed the record, and issued this decision after reconsideration.
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.
Dr. Shen's opinions were not based on an adequate or accurate history and were based on surmise, speculation, or guess; no substantial evidence in the record to support a finding on this issue; issue deferred for further development of the record.
From the decision · page 73. The issue of injury arising out of and occurring in the course of employment to applicant's cervical spine is deferred.