What the panel ordered
Reconsideration granted; WCJ's F&A rescinded; new F&A substituted deferring permanent disability, affirming injury to lumbar spine and RSD; matter returned for further proceedings.
Defendant sought reconsideration of the WCJ's May 8, 2024 Findings and Award. The WCAB granted reconsideration, rescinded the F&A, substituted a new F&A deferring permanent disability, but otherwise affirmed injury findings, and returned the matter for further proceedings.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.
Substantial evidence, including applicant's credible testimony and the medical reports and deposition of Dr. Tye Ouzounian, supports finding industrial injury to the lumbar spine and in the form of RSD as compensable consequences of the accepted lower extremity injury.
From the decision · page 3Defendant admits industrial injury to the applicant's left foot and ankle. Applicant also alleges injury to her back, internal in the form of diabetes, gait derangement and RSD. Based upon applicant's credible testimony and the medical report(s) of Dr. Tye Ouzounian M.D., dated September 25, 2022 and his deposition of September 13, 2021, and the reports of Dr. Jan Merman, primary 'care physician, it is found that applicant also sustained injury in the form of gait derangement, resulting in lumbar injury as a compensable consequence, arising out of and occurring in the course of employment.