California WCABPanel decision

ADJ11247295 · March 4, 2026

Nunc Pro Tunc order vacated; Findings and Award affirmed except amended to defer issues of permanent and stationary date, permanent disability, apportionment, and Labor Code section 5814 penalties; order for second panel evaluation in ophthalmology; all other issues affirmed.

Issues decided: 3
Medical opinions weighed: 0
Authorities named: 3
District office: Santa Ana

What the panel ordered

Applicant sought reconsideration of the WCJ's Findings and Award dated October 17, 2023. The Appeals Board granted reconsideration to further study the issues, reviewed the petition, answer, and WCJ's report, and now issues its decision after reconsideration.

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This docket was decided more than once. Shown here is the latest released decision; we also hold January 2, 2024.

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.

Penalties under Labor Code §5814Deferred

The issue of penalties under Labor Code section 5814 was not raised at trial and remains undecided. Jurisdiction is reserved and the issue is deferred for future proceedings.

From the decision · page 58. The issue of penalties under Labor Code section 5814 is deferred.

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The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Cal. Code Regs., tit. 8, § 10961

Jurisdiction remains with the district office for 15 days after the timely filing of a petition for reconsideration; WCJ may prepare a report, rescind the order, or issue an amended order.

The Nunc Pro Tunc order was vacated as the proper procedure was not followed under Rule 10961.

From the decision · page 2I. As an initial matter, we will vacate the Nunc Pro Tunc order as it was improper. The appropriate procedure for a WCJ to correct a previous findings, award, and/or order is to follow WCAB Rule 10961. (Cal. Code Regs., tit. 8, § 10961.) WCAB Rule 10961 provides that jurisdiction remains with the district office for 15 days after the timely filing of a petition for reconsideration and sets forth the following actions that a WCJ may take in response: (1) The WCJ may prepare a report and transfer jurisdiction to the Appeals Board to address the merits of the petition (Cal. Code Regs., tit. 8, § 10961(a); see Cal. Code Regs., tit. 8, § 10962); (2) The WCJ may rescind the entire order, decision or award and initiate proceedings within 30 days (Cal. Code Regs., tit. 8, § 10961(b)); or (3) The WCJ may rescind the order, decision or award and issue an

Lab. Code, §§ 4650-4657; Huston v. Workers' Comp. Appeals Bd. (1979) 95 Cal.App.3d 856

Temporary disability indemnity is payable during the healing period until the worker returns to work or reaches permanent and stationary status.

Applicant would only receive temporary disability if not permanent and stationary; thus, if further evidence is needed, P&S status cannot be found yet.

From the decision · page 4injury until the worker has recovered sufficiently to return to work, or until his/her condition reaches a permanent and stationary status." (Huston, supra, 95 Cal.App.3d at p. 806, emphasis added.) "'Permanent and stationary status' is the point when the employee has reached maximal medical improvement, meaning his or her condition is well stabilized, and unlikely to change substantially in the next year with or without medical treatment." (Cal. Code Regs., tit. 8, § 9785 (a)(8); see also Cal. Code Regs., tit. 8, § 9811(k).)

Labor Code section 4663

Apportionment of permanent disability shall be based on causation; permanent disability must be determined before apportionment.

Apportionment cannot be determined prior to a finding of permanent disability; thus, both issues are deferred.

From the decision · page 4Similarly, apportionment cannot be determined prior to a finding of permanent disability. Labor Code section 4663 provides that "[a]pportionment of permanent disability shall be based on causation." (Lab. Code, § 4663(a).) A doctor who prepares a report addressing the issue of permanent disability due to a claimed industrial injury must address the issue of causation of the permanent disability. (Lab. Code, § 4663(b).) Labor Code section 4663 requires that the doctor "make an apportionment determination by finding what approximate percentage of the permanent disability was caused by the direct result of injury arising out of and occurring in the course of employment and what approximate percentage of the permanent disability was caused by other factors both before and subsequent to the industrial injury, including prior industrial injuries." (Lab. Code, § 4663(c); see also Nunes v.

ADJ11247295 · March 4, 2026

What the panel ordered

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