What the panel ordered
The Board rescinded the March 5, 2024 Findings and Order and returned the matter to the WCJ for further proceedings consistent with the opinion.
Petitioner Defendant X-Ray Productions petitioned for reconsideration of the March 5, 2024 Findings and Order denying cumulative trauma injury; reconsideration was granted; parties settled by Compromise and Release; the Board rescinded the prior Findings and Order and returned the matter to the WCJ for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold May 23, 2024.
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The Board did not rule on the merits but rescinded the prior Findings and Order and returned the matter to the WCJ for further proceedings after the parties settled by Compromise and Release.
From the decision · page 1Defendant X-Ray Productions petitions for reconsideration of the March 5, 2024 Findings and Order wherein the workers' compensation administrative law judge (WCJ) found that applicant, while employed during the period of November 22, 1998 through January 1, 2000 did not sustain industrial injury as a result of cumulative trauma. Petitioner contends that the WCJ erred in failing to find a cumulative trauma. Petitioner argues that the evidence presented pursuant to Labor Code sections 5500.5 and 5412 establish a cumulative trauma with an end date of either December 5, 1998 or November 22, 1998. Petitioner also argues that the WCJ denied defendant due process by denying defendant the right to examine witnesses at trial and conduct discovery. Finally, petitioner contends that there is new evidence which should be considered by the WCJ.