What the panel ordered
Findings and Order of September 9, 2021 rescinded; matter returned to trial level for further proceedings and new decision by WCJ
Petition for Reconsideration granted; decision rescinded and matter remanded to WCJ for further proceedings and new decision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.
The WCJ erred in not establishing a clear date of the decedent's cumulative trauma injury under Labor Code section 5412, which is necessary to determine dependency under Labor Code section 3502 as of the injury date. The matter is remanded for further proceedings to determine the injury date and dependency accordingly.
From the decision · page 2Defendant filed an answer. The WCJ submitted a Report and Recommendation ("Report"). Based on our review of the record and applicable law, we conclude that the WCJ must revisit and clearly determine the date of the cumulative trauma injury in this case, and then revisit and redetermine the issue of dependency as of the date of that injury. Therefore, we will rescind the WCJ's decision and return this matter to the trial level for further proceedings and new decision by the WCJ. Although we do not adopt or incorporate the WCJ's Report, we note that it provides a brief overview of the relevant facts as understood by the WCJ: