What the panel ordered
Petition for Reconsideration granted; September 28, 2023 FA&O affirmed except as amended; issues of date of injury and statute of limitations deferred; matter returned to WCJ for further proceedings and record development.
Defendant sought reconsideration of the WCJ's September 28, 2023 Findings of Fact, Award, and Order, which found applicant's claim was not barred by the statute of limitations. The WCAB granted reconsideration, affirmed the FA&O except as amended, 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 record lacked sufficient medical evidence to determine the date of injury; further record development was ordered.
From the decision · page 4For the foregoing reasons, IT IS ORDERED that applicant's Petition for Reconsideration of the September 28, 2023 Findings of Fact, Award, and Order is GRANTED. IT IS FURTHER ORDERED, as the Decision After Reconsideration of the Workers' Compensation Appeals Board that the September 28, 2023, Findings of Fact, Award, and Order is AFFIRMED except that it is AMENDED as follows: 9. The issue of the date of injury under Labor Code section 5412 is deferred. 10. The issue of whether applicant's claim for a cumulative trauma injury to the low back through December 3, 2021 is barred by the statute of limitations is deferred.