ADJ10219413 — California WCAB decision

What the panel ordered

The WCJ's September 9, 2025 Findings and Award is rescinded and the matter is returned to the WCJ to consider the parties' Compromise and Release and for further proceedings as appropriate.

Applicant petitioned for reconsideration of the Findings and Award issued on September 9, 2025 by the WCJ, which found injury and permanent disability; the WCJ issued a Report and Recommendation to deny reconsideration; the Appeals Board granted reconsideration and ordered further review and mediation.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold December 8, 2025.

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.

Permanent total disabilityRemandedthoracic spine · right shoulder · chest/ribs · right-upper extremity · peripheral vascular system

The WCJ found permanent disability of 61% after apportionment but did not find permanent total disability; applicant argued for total disability relying on vocational expert opinion, but the Appeals Board did not rule on the merits and returned the matter for settlement consideration.

From the decision · page 1

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

WCJ found applicant sustained injury arising out of and in the course of employment to multiple body parts on October 5, 2015.

Favours Applicant prevailed

This finding established compensability and injury date for permanent disability evaluation.

From the decision · page 1Applicant petitioned for reconsideration of the Findings and Award issued on September 9, 2025 by the workers' compensation administrative law judge (WCJ) in this matter. Therein, the WCJ found that applicant sustained injury arising out of and in the course of employment (AOE/COE) to his thoracic spine, right shoulder, chest/ribs, right-upper extremity, and in the form of peripheral vascular disease/deep vein thrombosis, while employed as a log chocker on October 5, 2015. The WCJ further found that the injury caused permanent disability of 61%, after apportionment.

WCJ found permanent disability of 61% after apportionment but did not find permanent total disability.

Favours Defendant prevailed

This finding was the basis for the original award and the reconsideration petition.

From the decision · page 1Applicant petitioned for reconsideration of the Findings and Award issued on September 9, 2025 by the workers' compensation administrative law judge (WCJ) in this matter. Therein, the WCJ found that applicant sustained injury arising out of and in the course of employment (AOE/COE) to his thoracic spine, right shoulder, chest/ribs, right-upper extremity, and in the form of peripheral vascular disease/deep vein thrombosis, while employed as a log chocker on October 5, 2015. The WCJ further found that the injury caused permanent disability of 61%, after apportionment.

Applicant argued that the WCJ should have relied on vocational expert Scott Simon's opinion to find permanent total disability.

Favours Applicant prevailed

This argument was the basis for the petition for reconsideration and further review.

From the decision · page 1Applicant contends that the WCJ erred in failing to find him permanently totally disabled arguing that the WCJ should have relied on the opinion of vocational expert Scott Simon.

ADJ10219413 · May 12, 2026

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

The rules the panel named

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