What the panel ordered
Findings of Fact of February 3, 2025 rescinded, matter returned to trial level for further proceedings
Petition for reconsideration granted, prior Findings of Fact rescinded, matter returned to trial level for further proceedings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 denied the petition based on the AME reports being found not substantial medical evidence, but the Appeals Board found the issue was not properly framed for decision and required further proceedings to ensure due process and a complete record.
From the decision · page 2BACKGROUND Applicant sustained injury to his head, neck, back, bilateral shoulders, right knee, psyche, bladder/urinary, hearing, penile disease, and in the form of sleep disorder, while employed as an insulator by J.V. Industrial Companies on January 27, 2008. The parties have selected Peter Newton, M.D., to act as the AME in orthopedic medicine. Dr. Newton has evaluated applicant and issued two reports dated June 9, 2014, and July 14, 2014. On September 5, 2024, defendant filed a Petition seeking to suspend proceedings pursuant to section 4053, averring applicant had unreasonably failed to attend scheduled reevaluations on September 11, 2023, and July 15, 2024. On January 23, 2025, the parties proceeded to trial on the sole issue of "Defendant's Petition to Suspend Proceedings dated September 5, 2024." (Minutes of Hearing and Summary of Evidence (Minutes), dated January 23, 2025, at p. 3:2.) Applicant testified that he had refused to be reevaluated by Dr. Newton due to his perceived mistreatment by Dr. Newton at a prior evaluation in 2014. (Id. at p. 3:19.) The WCJ also heard testimony from applicant's spouse, and ordered the matter submitted the same day. On February 3, 2025, the WCJ issued the Findings of Fact denying defendant's Petition to Suspend Proceedings. (Finding of Fact No.