What the panel ordered
Petition for Reconsideration granted; WCJ Findings and Order of February 8, 2024 rescinded; case returned for further proceedings including appointment of a new or agreed medical evaluator to obtain substantial medical evidence on industrial causation.
Applicant petitioned for reconsideration of the WCJ's February 8, 2024 Findings and Order denying industrial injury to the lower back; the WCJ had relied on PQME Dr. Sherman's reports and deposition; the WCAB granted reconsideration and rescinded the WCJ decision, returning the matter for further proceedings.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 WCJ's denial of industrial causation was based on reliance on PQME Dr. Sherman's reports and applicant's non-credible testimony; the WCAB found Dr. Sherman's opinions inconsistent, speculative, and not substantial evidence, and granted reconsideration for further medical development.
From the decision · page 1Applicant has petitioned for reconsideration of the Findings of Fact and Order issued by the workers' compensation administrative law judge (WCJ) in this matter on February 8, 2024. In that decision, the WCJ found that applicant did not sustain industrial injury arising out of and in the course of employment to his lower back on November 10, 2018.