What the panel ordered
Findings of Fact and Order issued on August 23, 2022, rescinded; date of injury set as December 2, 2020; issue of separate cumulative injuries deferred; matter returned to trial level for further proceedings.
Petition for reconsideration granted by the Appeals Board after initial WCJ Findings of Fact and Order denying applicant's claim; matter remanded for further proceedings.
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.
The Appeals Board found that the applicant's date of injury under Labor Code section 5412 is December 2, 2020, based on medical confirmation by QME Dr. Viswanath, and that the issue of separate cumulative injuries with subsequent employer All-Time Maintenance is deferred due to lack of joinder and undeveloped record.
From the decision · page 10Accordingly, we will rescind the F&O, and substitute findings that applicant's Labor Code section 5412 date of injury is December 2, 2020, and that the issue of whether applicant sustained separate cumulative injuries during his employment with defendant and his subsequent employment with All-Time Maintenance is deferred. We make no changes to Findings 1, 2 and 3. We will return the matter for further proceedings consistent with this decision.