What the panel ordered
The WCAB affirmed the Findings and Order except amended to find injury AOE/COE to teeth only and deferred injury to other body parts.
Defendant sought reconsideration of the WCJ Findings and Order issued October 13, 2021; WCAB granted reconsideration and issued this Decision After Reconsideration affirming the F&O except amending to clarify injury to teeth only and deferring other body parts injury issue.
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 demonstrated injury AOE/COE to teeth based on the personal comfort doctrine and substantial medical evidence from QME Dr. Scorza; injury to other body parts deferred for further development.
From the decision · page 6Defendant argues in the Petition that Dr. Kyle did not waive the January 17, 2018 procedure due to an "Employee Courtesy," but only after applicant informed him about a suspected injury. (Defendant's Petition, at p. 5.) However, defendant put forth no evidence, including any witness testimony by Dr. Kyle, to support this argument. In contrast, a review of applicant's account history actually shows applicant's copays were waived throughout her employment. (Joint Exhibit UU, at pp. 6-7.) Therefore, we conclude that applicant demonstrated that her injury was AOE/COE.