What the panel ordered
The Appeals Board denied the defendant's petition for reconsideration of the February 26, 2024 Findings and Award.
Defendant filed a timely verified petition for reconsideration of the February 26, 2024 Findings and Award, challenging the WCJ's decision regarding procurement of additional medical-legal evidence. The Appeals Board considered the petition under the removal standard and denied it.
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 found the record insufficient to determine injury AOE/COE to the nervous system/psyche, headaches, diabetes, and hypertension and ordered further development of the record. The Appeals Board agreed with the WCJ's decision to deny reconsideration and require further development due to incomplete medical opinions.
From the decision · page 1Defendant seeks reconsideration of a February 26, 2024 Findings and Award (F&A) issued by a workers' compensation administrative law judge (WCJ) wherein the WCJ found applicant sustained injury arising out of and in the course of employment (AOE/COE) to the neck, low back, bilateral wrists (carpal tunnel syndrome), and bilateral shoulders. The WCJ found the current record insufficient with respect to whether applicant sustained injury AOE/COE to the nervous system/psyche, headaches, diabetes, and hypertension. The WCJ ordered parties to further develop the record and to meet and confer in an attempt to reach an agreement on Agreed Medical Evaluators (AMEs) to address injury AOE/COE as well "whole person impairment, permanent disability, and apportionment" where applicable. (F&A, p. 2.)