What the panel ordered
Petition for Reconsideration by defendant is denied, affirming the December 1, 2025 Opinion and Order Granting Petition for Reconsideration and Decision after Reconsideration.
Defendant seeks reconsideration of the December 1, 2025 Opinion and Order Granting Petition for Reconsideration and Decision after Reconsideration which rescinded the July 11, 2025 Findings and Order and held applicant sustained injury AOE/COE to right shoulder on February 1, 2023.
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 Appeals Board found substantial medical evidence supporting injury AOE/COE to the right shoulder based on Dr. Retodo's report, applicant's deposition and trial testimony, and lack of rebuttal evidence from defendant.
From the decision · page 7In the instant matter, as noted in our prior December 1, 2025 O&O, Dr. Retodo completed an evaluation of the applicant on June 8, 2023, and reviewed extensive medical records in preparation for the drafting of his August 31, 2023 report. (Exhibit 1, pp. 1-2.) Within his report, Dr. Retodo noted that applicant "called her primary medical physician on the [the day of the February 1, 2023 injury] due to significant right shoulder pain" and also, per Dr. Retodo's summary, underwent an April 2, 2023 MRI study, wherein she was found to have "labral fraying and a supraspinatus tear injury[.]" (Id. at pp. 3, 13.) Orthopedic surgeon, Dr. Paul Abeyta therefore "recommended physical therapy and possible surgery to the right shoulder." (Ibid.) Ultimately, based upon his evaluation of applicant and review of medicals, Dr. Retodo concluded that applicant sustained a "[s]pecific industrial [sprain/strain] injury to the right shoulder [on] February 1, 2023[.]" (Id. at p. 12.)