What the panel ordered
Petition for Reconsideration granted in part to amend injury findings by deferring all body parts; Petition denied as to post termination defense; January 25, 2022 Findings and Order otherwise affirmed
Petition for Reconsideration filed by defendant challenging injury findings and post termination defense; WCJ report reviewed and adopted by 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.
AOE/COEDefendant prevailedface · head · back · left ear
The court found the initial injury finding to the face premature and amended it to defer all body parts, based on review of the record and testimony.
From the decision · page 5In the court's Findings & Order and Opinion on Decision the court found injury to applicant's face based on applicant's testimony regarding the mechanism of injury and testimony of Tony Jaques, regarding his observations of applicant's appearance after the incident occurred. In reviewing the record, the court agrees with defendant regarding the finding of injury to Applicant's face should be rescinded. The court believes this finding was premature and all body parts should be deferred. Therefore, the court recommends as to Findings Number 1, it should be amended to: the applicant while employed on August 26, 2020 as a carpenter helper, at San Bernardino, California, by Stater Bros. Markets, claims to have sustained injury arising out of and in the course of employment to his head, back, and left ear. Moreover, Findings Number 4 should be amended to: All body parts are deferred.