What the panel ordered
The WCAB granted the petition for reconsideration, rescinded the WCJ's Findings and Order of June 10, 2024, and returned the matter to the trial level for further proceedings and decision.
Applicant sought reconsideration of the WCJ's Findings and Order of June 10, 2024, which denied the claim for industrial injury; the WCJ filed a Report and Recommendation on Petition for Reconsideration; the WCAB granted reconsideration and rescinded the WCJ's decision, returning the matter to the trial level for further proceedings.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 WCAB found that the WCJ erred in finding no industrial injury and in rejecting the 5402(b) presumption without sufficient evidence of timely denial; the case was remanded for further development of the record on these issues.
From the decision · page 1Applicant seeks reconsideration of a workers' compensation administrative law judge's (WCJ) Findings and Order of June 10, 2024, wherein it was found that while employed during a cumulative period ending on August 10, 2019 as a construction or maintenance worker, applicant did not sustain industrial injury as alleged to the lumbar spine, thoracic spine, cervical spine, shoulders, right foot, or in the form of headaches. The WCJ also found that applicant was not entitled to a presumption of injury pursuant to Labor Code section 5402(b). It was thus ordered that applicant take nothing by way of his workers' compensation claim.