What the panel ordered
Petition for Reconsideration rescinded; matter returned to trial level for further proceedings
Petition for Reconsideration filed by defendants; WCJ ordered SJDB voucher and attorney's fees; issue of penalties and sanctions deferred; WCAB rescinded WCJ order and returned matter for further proceedings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The WCAB found the WCJ's prior order lacked sufficient analysis and rescinded it, returning the matter for further proceedings. The WCAB provided guidance that an applicant is entitled to a SJDB voucher upon showing permanent partial disability and the employer's failure to offer regular, modified, or alternative work, regardless of the presence of a Physician's Return to Work & Voucher Report.
From the decision · page 3Here, we are unable to ascertain the basis for the WCJ's decision as her Opinion on Decision and Report are devoid of analysis. As such, we rescind the August 17, 2021 Order and return this matter to the trial level for further proceedings.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.