What the panel ordered
February 15, 2022 Findings and Order rescinded; matter returned to trial level for further proceedings
Petition for Reconsideration filed by applicant, decision after reconsideration by WCAB panel
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 Board found no determination of the date of injury for the cumulative trauma, which is necessary to decide if the injury date is subsequent to the prior RTWSP payment, so the matter was returned to the trial level for further findings.
From the decision · page 4Applicant contends that the voucher she received on February 25, 2021 in connection with her April 20, 2017 through April 20, 2018 cumulative trauma injury is subsequent to the January 15, 2021 RTWSP payment she received in connection with her January 17, 2018 injury, and she therefore meets the exception in Rule 17302(b). The exception in Rule 17302(b) applies "where the individual receives a Voucher for an injury which occurs subsequent to receipt of every previous Return to Work Supplement." (Cal. Code Regs., tit. 8, § 17302.) The term "subsequent to receipt of every previous Return to Work Supplement" modifies the word "injury" not the word "Voucher." In other words, the exception applies where the injury occurs subsequent to receipt of every Return to Work Supplement. Here, the question is whether the date of injury of the cumulative trauma injury is subsequent to the January 15, 2021 RTWSP payment.