What the panel ordered
Findings and Award issued by the WCJ on December 1, 2020 is rescinded and the matter is returned to the trial level for further proceedings consistent with this opinion.
Defendant sought reconsideration of the WCJ's Findings and Award dated December 1, 2020, which found defendant responsible for surgery costs. The WCAB granted reconsideration, rescinded the F&A, and remanded for further proceedings.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.
Applicant did not establish by clear and convincing evidence a valid basis for appeal of the IMR determination under section 4610.6(h).
From the decision · page 6In her appeal of the IMR decision, applicant argues that the June 10, 2020 UR decision and corresponding IMR decision are "faulty" because they are inconsistent with the April 29, 2020 UR decision. (Applicant Exhibit No. 9, Petition for Order Vacating IMR Determination, August 4, 2020, p. 6.) This is not a basis to appeal an IMR determination under section 4610.6(h). Therefore, we agree with the WCJ that applicant has not established by clear and convincing evidence a valid basis for appeal of the IMR determination in accordance with the Labor Code.