What the panel ordered
Petition for reconsideration dismissed as not taken from a final order.
Defendant petitioned for reconsideration of the WCAB's prior decision rescinding the WCJ's January 12, 2021 Findings of Fact and Orders and remanding for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold April 5, 2021.
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 prior WCAB decision remanding for further proceedings did not determine substantive rights or liabilities and was not a final order; thus, reconsideration does not lie.
From the decision · page 2In our prior Decision we explained that the reports from the reporting physicians do not constitute substantial evidence and it is necessary that the record be further developed to clarify the issue of injury arising out of and occurring in the course of employment (AOE/COE). We again note that the trial record did not contain substantial evidence regarding the issue of whether applicant sustained a cumulative injury AOE/COE. Our prior Decision does not determine the substantive rights or liabilities of either party and as such it is not a final order. Thus, the Petition is dismissed.