What the panel ordered
The Appeals Board granted reconsideration, rescinded the November 29, 2023 Findings of Fact and Orders, and returned the case to the trial level for further proceedings with reassignment to a new WCJ.
Applicant sought reconsideration of the Findings of Fact and Orders issued by the WCJ on November 29, 2023, which found no injury arising out of employment and ordered applicant to take nothing; the WCJ's prior take nothing order was rescinded by the Appeals Board's April 18, 2023 decision and the matter was returned to the WCJ to create a full and complete record; the WCJ recommended denial of reconsideration, but the Appeals Board granted reconsideration, rescinded the November 29, 2023 F&O, and returned the case to the trial level for reassignment to a new WCJ due to inability to prepare a proper record.
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 November 29, 2023 F&O found no injury AOE/COE, but the Appeals Board found the record insufficient and the WCJ's credibility determination flawed, leading to rescission and reassignment for further proceedings.
From the decision · page 1Applicant seeks reconsideration of the Findings of Fact and Orders (F&O) issued by a workers' compensation administration law judge (WCJ) on November 29, 2023, wherein the WCJ found that applicant did not sustain injury arising out of and in the course of his employment (AOE/COE) to his neck, back, digestive tract, psyche, internal (in the form of asthma), sleep, sexual dysfunction, shoulders, chest and headaches, and that all other issues were deemed moot. The WCJ ordered that applicant take nothing from his claims. The WCJ also entered into evidence applicant's Exhibits 5 through 9 and 41, defendant's Exhibit BB, and the Court's Exhibits's ZZ, ZZ-2 and ZZ-2. The WCJ struck applicant's Exhibit 42 (Transcript Testimony of the applicant, Volumes I and II dated February 3, 2012 and April 16, 2012).