What the panel ordered
Petition for reconsideration granted; Findings of Fact affirmed except issue of temporary disability benefits for June 5, 2023 through October 9, 2023 deferred; matter returned to trial level for further proceedings
Petition for removal treated as petition for reconsideration, reconsideration granted, Findings of Fact affirmed except issue of temporary disability benefits for June 5, 2023 through October 9, 2023 deferred and matter remanded 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 found insufficient medical evidence to establish temporary disability for the period, but the WCAB deferred the issue for further development due to incomplete consideration of medical evidence including Dr. Elias's reports.
From the decision · page 8Because the record fails to fully address the medical evidence of the August 16, 2023 Work Status Note and the Dr. Elias Report of September 13, 2023, we conclude that the record should be further developed on the issue of whether the evidentiary record establishes applicant's claim for temporary disability benefits for the period of June 5, 2023 through October 9, 2023. (See Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal.App.4th 389 [65 Cal.Rptr.2d 431, 62 Cal.Comp.Cases 924]; McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117 [72 Cal.Rptr.2d 898, 63 Cal.Comp.Cases 261] (finding that the Appeals Board has the discretionary authority to develop the record when appropriate to fully adjudicate the issues); see also § 5313.)