What the panel ordered
Findings and Award of May 2, 2000, rescinded; case returned to trial level for further proceedings consistent with the en banc opinion.
Petition for reconsideration granted by the Board en banc, rescinding the WCJ's Findings and Award and returning the matter to the trial level 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 Board held that the treating physician presumption under section 4062.9 may be raised for the first time at trial but not for the first time on reconsideration, and that it must be raised as a separate issue to avoid waiver.
From the decision · page 110 On July 7, 2000, the Board granted applicant's petition for reconsideration of the Findings
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The treating physician presumption under Labor Code section 4062.9 was not raised at the mandatory settlement conference (MSC).