What the panel ordered
Petitions for reconsideration granted; WCJ decision amended to defer issues of industrial injury and whether injury was specific or cumulative; further development of record ordered; no opinion on ultimate resolution.
Petitions for reconsideration filed by applicant and defendant seeking review of WCJ Findings and Order of August 1, 2025; WCJ found no industrial injury to certain body parts; issues deferred for further development of medical record and defenses; WCJ Report and Supplemental Report filed; Appeals Board granted reconsideration and deferred issues for single final 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 issues of failure to timely report the injury and post-termination claim defenses were deferred for further development and determination in a single final decision.
From the decision · page 2issues of defendant's defenses of failure to timely report the injury and post-termination claim (Lab. Code, § 3600, subd. (a)(10)) were also deferred.
The WCJ found no industrial injury in the form of stroke, but the Appeals Board deferred this issue for further development of the record to avoid piecemeal findings and to have a single final decision on all body parts and legal defenses.
From the decision · page 1Applicant and defendant each seek reconsideration of a workers' compensation administrative law judge's (WCJ) Findings and Order of August 1, 2025, wherein it was found that "applicant did not sustain industrial injury to her circulatory system, nervous system, head, or brain as a result of an alleged February 18, 2022 specific injury or an alleged cumulative trauma injury from November 1, 2005 through February 15, 2022." It appears that the above claimed body parts encompass those involved in a February 18, 2022 stroke. The parties had stipulated that applicant claimed a specific February 18, 2022 injury to her "circulatory system, nervous system, respiratory system, head, brain, chemical exposure, right fingers, right hand, right arm, excretory system, right leg, right ankle, right foot, and right toes while working as a Press Operator/Assembler for TrafFix Devices, Inc.
The issue of whether the injury was specific or cumulative was deferred pending further development of the record and evidence, as there was no current evidence of industrial injury and the issue was premature.
From the decision · page 52. The issue of whether any injury is specific or cumulative and whether a cumulative injury may be found despite the pleadings and stipulations in this case is deferred, with jurisdiction reserved.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ found no industrial injury to the circulatory system, nervous system, head, or brain as a result of the alleged February 18, 2022 specific injury or cumulative trauma injury from November 1, 2005 through February 15, 2022.
Favours neutral
This finding was the basis for the petitions for reconsideration and the Appeals Board's decision to defer the issues for further development.
From the decision · page 1Applicant and defendant each seek reconsideration of a workers' compensation administrative law judge's (WCJ) Findings and Order of August 1, 2025, wherein it was found that "applicant did not sustain industrial injury to her circulatory system, nervous system, head, or brain as a result of an alleged February 18, 2022 specific injury or an alleged cumulative trauma injury from November 1, 2005 through February 15, 2022." It appears that the above claimed body parts encompass those involved in a February 18, 2022 stroke. The parties had stipulated that applicant claimed a specific February 18, 2022 injury to her "circulatory system, nervous system, respiratory system, head, brain, chemical exposure, right fingers, right hand, right arm, excretory system, right leg, right ankle, right foot, and right toes while working as a Press Operator/Assembler for TrafFix Devices, Inc.
The parties stipulated that the injury claim included multiple body parts and exposure dates, initially as a specific injury but amended to a cumulative injury period.
Favours neutral
The amendment of the claim's nature was challenged and deferred for a single final decision to avoid piecemeal findings.
From the decision · page 1Applicant and defendant each seek reconsideration of a workers' compensation administrative law judge's (WCJ) Findings and Order of August 1, 2025, wherein it was found that "applicant did not sustain industrial injury to her circulatory system, nervous system, head, or brain as a result of an alleged February 18, 2022 specific injury or an alleged cumulative trauma injury from November 1, 2005 through February 15, 2022." It appears that the above claimed body parts encompass those involved in a February 18, 2022 stroke. The parties had stipulated that applicant claimed a specific February 18, 2022 injury to her "circulatory system, nervous system, respiratory system, head, brain, chemical exposure, right fingers, right hand, right arm, excretory system, right leg, right ankle, right foot, and right toes while working as a Press Operator/Assembler for TrafFix Devices, Inc.
The Appeals Board found that discovery orders are non-final and defendant did not show irreparable harm, allowing further development of the record.
Favours Defendant prevailed
This supported the denial of defendant's petition to prevent premature finality and allowed all defenses to be presented later.
From the decision · page 4here contains a finding that is final (injury to the head and neck), defendant's Petition only challenges the non-final order regarding discovery. Since orders pertaining to discovery are not final orders, these issues are subject to the removal standard rather than the reconsideration standard. (See Capital Builders Hardware, Inc. v. Workers' Comp. Appeals Bd. (Gaona) (2016) 5 Cal.App.5th 658 [81 Cal.Comp.Cases 1122].) The removal standard requires "significant prejudice" or "irreparable harm." (Cal. Code Regs, tit. 8, § 10955, subd. (a).) We find that this standard has not been met as defendant will be able to present all applicable defenses and will be able to question any reporting physician regarding these deferred body parts.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Petitions for reconsideration must be acted upon within 60 days of transmission to the Appeals Board.
The Appeals Board found that the petitions were timely acted upon within the 60-day period starting August 20, 2025, the date of service and transmission of the WCJ Report.
From the decision · page 2Preliminarily, we note that former Labor Code section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, Labor Code section 5909 was amended to state in relevant part that:
Cal. Code Regs, tit. 8, 10955, subd. (a)
Removal standard for non-final orders requires showing significant prejudice or irreparable harm.
The Appeals Board applied the removal standard to defendant's challenge of the non-final order regarding discovery and found no irreparable harm.
From the decision · page 4here contains a finding that is final (injury to the head and neck), defendant's Petition only challenges the non-final order regarding discovery. Since orders pertaining to discovery are not final orders, these issues are subject to the removal standard rather than the reconsideration standard. (See Capital Builders Hardware, Inc. v. Workers' Comp. Appeals Bd. (Gaona) (2016) 5 Cal.App.5th 658 [81 Cal.Comp.Cases 1122].) The removal standard requires "significant prejudice" or "irreparable harm." (Cal. Code Regs, tit. 8, § 10955, subd. (a).) We find that this standard has not been met as defendant will be able to present all applicable defenses and will be able to question any reporting physician regarding these deferred body parts.
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About this page
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