What the panel ordered
The Board granted reconsideration, rescinded the WCJ's October 3, 2022 Findings & Order, and returned the matter to the WCJ for further proceedings and a new decision.
Applicant sought reconsideration of the WCJ's October 3, 2022 Findings & Order denying injury AOE/COE; the WCJ had deferred all other issues. The WCJ record lacked substantial evidence on injury causation, leading to the Board granting reconsideration and returning the matter to the WCJ for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold February 3, 2022.
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 record lacked substantial evidence on injury causation, particularly due to the lack of diagnostic review by Dr. Boyko, leading the Board to find the evidence insufficient and remand for further proceedings.
From the decision · page 1Applicant seeks reconsideration of the Findings & Order (F&O) issued by the workers' compensation administrative law judge (WCJ) on October 3, 2022, wherein the WCJ found that applicant did not sustain an injury arising out of and in the course of employment (AOE/COE) during the period from December 22, 2018, through September 11, 2019; all other issues were deferred.