What the panel ordered
Findings of Fact and Order of January 13, 2026 rescinded; new decision defers issue of industrial injury to the neck and temporary disability caused by neck injury; affirms no temporary disability from asthma or hearing injury
Petition for reconsideration granted, WCJ decision rescinded, case remanded for further development and appointment of independent medical evaluator under Labor Code section 5701
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.
AOE/COERemandedneck
The record was found insufficient and the case was remanded for further development including appointment of an independent medical evaluator to determine industrial injury to the neck.
From the decision · page 5The WCAB has a duty to further develop the record when there is a complete absence of (Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal.App.4th 389, 393-395 [62 Cal.Comp.Cases 924]) or even insufficient (McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117, 1121-1122 [63 Cal.Comp.Cases 261]) evidence on an issue. The WCAB has a constitutional mandate to ensure "substantial justice in all cases." (Kuykendall v. Workers' Comp. Appeals Bd. (2000) 79 Cal.App.4th 396, 403 [65 Cal.Comp.Cases 264].) In accordance with that mandate, we will grant reconsideration, rescind the WCJ's decision, and return this matter to the trial level for further development of the record and decision on the issue of industrial injury to the neck. We believe that this case would be best served by the appointment of an independent medical evaluator pursuant to Labor Code section 5701, and thus the WCJ should issue an order for the appointment of a Labor Code section 5701 doctor upon return of this case. Since any industrial neck injury may