What the panel ordered
Petition for reconsideration granted; Findings of Fact rescinded; application in ADJ12720128 dismissed without prejudice; issue of sanctions deferred to trial level.
Defendant petitioned for reconsideration of the WCJ's March 5, 2021 Findings of Fact, which found that applicant did not file duplicative cases and that applicant's attorney did not engage in bad faith tactics. The WCAB previously granted removal and remanded for the WCJ to determine if the application in ADJ12720128 alleged a new injury or was duplicative of ADJ11292762.
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.
Applicant did not present evidence of compensable disability in 2017, so there was no basis for a second cumulative trauma injury; thus, the later application was duplicative and subject to dismissal.
From the decision · page 71. The application in ADJ127220128 claims an injury for the same body parts and time period as the application in ADJ11292762. 2. Pursuant to WCAB Rule 10455, the later filed application is subject to summary dismissal. 3. The issue of Defendant's Petition for Costs and Sanctions is deferred with jurisdiction reserved at the trial level.