What the panel ordered
Petition for reconsideration granted; WCJ decision rescinded; matter returned to trial level for further proceedings and decision
Petition for reconsideration of the WCJ's Joint Findings of Fact denying appeal from IMR determination; WCJ recommended granting reconsideration; WCAB granted reconsideration, rescinded WCJ decision, and returned matter for further proceedings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.
Reconsideration / removalApplicant prevailedleft thumb · right thumb
The WCAB found that the WCJ's denial of the appeal from the IMR determination was not supported by sufficient evidence and that further review was needed, warranting reconsideration and rescission of the prior decision.
From the decision · page 1Applicant seeks reconsideration of the Joint Findings of Fact issued by the workers' compensation administrative law judge (WCJ) on June 26, 2024, wherein the WCJ found in relevant part that there was no evidence of a plainly erroneous mistake of fact in the May 17, 2024 Independent Medical Review (IMR) Final Determination Letter; and that applicant's May 27, 2024 appeal from the IMR Determination of the Administrative Director (A.D.) does not show evidence of any plainly erroneous findings of fact nor that the A.D. acted in excess of his powers; and denied applicant's appeal from the IMR Determination.