What the panel ordered
April 5, 2022 Findings and Order rescinded; matter returned to trial level for further proceedings and new decision
Petitions for Reconsideration of the April 5, 2022 Findings and Order granted; April 5, 2022 Findings and Order rescinded; matter returned to trial level for further proceedings and new decision
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/COEDeferredback · feet · jaw · mouth · teeth · shoulders · lumbar spine
The WCJ did not address all issues submitted, requiring reconsideration and further proceedings to determine if applicant sustained injury arising out of and in the course of employment.
From the decision · page 1Applicant and defendant seek reconsideration of the April 5, 2022 Findings and Order wherein the workers' compensation administrative law judge (WCJ) found that, in ADJ1104582, applicant did not sustain injury arising out of and in the course of his employment to his back and feet on September 10, 2017, and, in ADJ11048583, applicant did not sustain an injury arising out of and in the course of his employment to his jaw, mouth teeth and shoulders on September 10, 2017.1 The WCJ also found that the reporting of Dr. Schames was not substantial medical evidence. Although cases ADJ1104582 and ADJ1104583 were consolidated together with ADJ13630518, the Findings and Order does not address whether applicant sustained an industrial injury in ADJ13630518, a claim for a cumulative trauma injury through September 15, 2017 to applicant's back, shoulder and foot. The WCJ ordered that applicant take nothing by way of his claims in ADJ1104582 and ADJ11048583.