What the panel ordered
Petition for Reconsideration GRANTED; November 14, 2024 Findings of Fact and Order RESCINDED; matter RETURNED to trial level for further proceedings.
Defendant sought reconsideration of the November 14, 2024 Amended Findings of Fact and Order, which found applicant had not reached MMI and was entitled to retroactive temporary disability and attorney's fees. The WCAB granted reconsideration, rescinded the F&O, and remanded for further proceedings.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.
The WCJ's finding that applicant had not reached MMI and was entitled to retroactive temporary disability benefits was not supported by substantial evidence. QME Dr. Purcell found applicant had reached MMI, and the WCJ did not point to specific evidence to support a contrary finding. The finding and related attorney's fees were rescinded and the matter remanded.
From the decision · page 6reports of Dr. Kharrazi, Dr. Purcell, Dr. Kropf, Dr. Lebow, and the post-trial briefing of the parties, it is found that Applicant has not yet reached Maximum Medical Improvement." (11/14/24 Opinion, p. 3.) However, the WCJ did not point to any specific evidence or testimony to support this finding. Instead, QME Dr. Purcell found that applicant had reached MMI. (Jt. Ex. A, p. 23; Jt. Ex. C, p. 3.) The medical evidence and applicant's testimony do not provide substantial evidence otherwise. Thus, the finding regarding MMI and temporary disability benefits must be rescinded. As there was a lack of substantial evidence to support the finding regarding MMI and therefore the provision of temporary disability benefits, the attorney's fees based on this finding must be rescinded as well.