What the panel ordered
The WCAB granted reconsideration, rescinded the WCJ's decision, and ordered that the applicant is entitled to medical treatment for the left knee caused by the industrial injury.
Applicant sought reconsideration of the WCJ's Joint Findings and Order of March 4, 2024, which denied medical treatment for the left knee; the WCAB granted reconsideration, rescinded the WCJ's decision, and issued a new decision granting treatment for the left knee.
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 WCAB found that the Compromise and Release agreement did not bar medical treatment for the left knee because the right knee injury caused a need for left knee treatment, which is reasonably required to cure or relieve the effects of the injury.
From the decision · page 3Thus, the WCJ erred in finding that the Compromise and Release agreement barred a finding for further medical treatment to the left knee under the circumstances of this case. While applicant may have had a left knee condition that was alleged to be industrial but not included as compensable in the 2018 settlement, the medical reporting of primary treating physician orthopedist Tomas Saucedo, M.D. states that, years after the settlement, favoring of the stipulated right knee injury contributed to the need for left knee treatment. (November 10, 2021 report at p. 1 ["However as a result of favoring his right knee he has notably increased pain and discomfort to his left knee and at this time indicates that his left knee pain has become more pronounced and