What the panel ordered
The Petition for Reconsideration filed by the applicant is denied.
Applicant filed a Petition for Reconsideration on April 17, 2023, contending new evidence of increased impairment since the March 10, 2020 Joint Findings and Award; the WCAB denied the petition.
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 petition was denied because the new evidence of increased impairment was not raised in a timely petition for reconsideration and was more akin to a petition for new and further disability, which was not properly before the Board.
From the decision · page 1Previously, we issued our Opinion and Decision After Reconsideration (Opinion) on March 29, 2023. On April 17, 2023, applicant filed a Petition for Reconsideration, on the basis that he had new evidence that he could not have discovered with reasonable diligence. (Lab. Code, § 5903(d).) Applicant contends that the level of his impairment has increased since the Joint Findings and Award (F&A) of March 10, 2020.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.