What the panel ordered
Petition for reconsideration granted; WCJ's June 21, 2021 Findings of Fact and Orders rescinded; matter returned to WCJ for further proceedings and new decision.
Petition for reconsideration of the WCJ's Findings of Fact and Orders issued June 21, 2021, granted by the Appeals Board, rescinding the F&O and returning the matter to the WCJ 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.
AOE/COERemandedback
The record does not contain substantial evidence to support a finding on injury AOE/COE; further development of the medical record is necessary to clarify whether the applicant sustained a cumulative injury as claimed.
From the decision · page 4Having reviewed the trial record, including the reports from Dr. Schopler discussed above, it appears that the record does not contain substantial evidence upon which a finding on the issue of injury AOE/COE can be made. An award, order or decision by the Appeals Board must be supported by substantial evidence in light of the entire record. (Lab. Code § 5903, 5952; Garza v. Workmen's Comp. App. Bd. (1970) 3 Cal.3d 312, 317-319 [33 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627, 635-637 [35 Cal.Comp.Cases 16].) The