What the panel ordered
The Findings and Award of November 18, 2019 is rescinded, and the matter is returned to the trial level for further proceedings and a new decision by the WCJ consistent with the opinion.
The Appeals Board granted reconsideration to study the factual and legal issues and issued a Decision After Reconsideration rescinding the WCJ's Findings and Award of November 18, 2019, returning the matter to the trial level for a supplemental opinion from Dr. Benrazavi and a new decision by the WCJ.
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 concluded that the risk of the DSA test is not inconsiderable due to a 5% risk of serious complication, so the applicant's refusal to undergo the test is not unreasonable under Labor Code section 4056. However, the Board found that Dr. Benrazavi must provide a supplemental opinion on the diagnosis of Bow Hunter's Syndrome and industrial causation based on reasonable medical probability without the DSA test. The matter is remanded for further proceedings.
From the decision · page 1Applicant filed an answer. The WCJ submitted a Report and Recommendation ("Report"). Based on our review of the record and applicable law, we conclude that it is reasonable for applicant to decline undergoing a "Digital Subtraction Angiography" (DSA) test to determine whether his diagnosis is "Bow Hunter's Syndrome" (BHS), and that even without the DSA test, Dr. Benrazavi, the Panel Qualified Medical Evaluator ("PQME") in internal medicine, must provide an opinion, based on reasonable medical probability, as to whether applicant's diagnosis