What the panel ordered
Petition for Reconsideration granted; prior Findings and Order of September 30, 2020, rescinded; new Findings and Order substituted finding injury AOE/COE to left forearm and left thumb; issues regarding neck, left shoulder, and back deferred; matter returned to Arbitrator for further proceedings.
Applicant seeks reconsideration of the Findings and Order issued by the Arbitrator on September 30, 2020, which found no injury AOE/COE to claimed body parts; the Appeals Board grants reconsideration, rescinds the prior F&O, and substitutes a new F&O finding injury AOE/COE to left forearm and left thumb, deferring other body parts for further development.
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 found substantial medical evidence from QME Dr. Campbell supporting injury AOE/COE to left forearm and left thumb, based on his examination, history, and medical record review.
From the decision · page 3Campbell stated that after examining applicant and reviewing the medical record, he believed that from a medical perspective, applicant's left thumb and forearm injury claims should be accepted "as meeting AOE/COE criteria." (App. Exh. 2, p. 15.) Based thereon, we agree with the Arbiter that, "The preponderance of the medical evidence confirms that the Applicant sustained an injury to his thumb on or about 4-15-18." (F&O, p. 3, Opinion on Decision.) However, we also agree with Dr. Campbell's conclusion that since, "... the mechanism of injury is one that could have produced shoulder injury to the labrum and undiagnosed shoulder injury can masquerade as neck pain (referred). I probably should re-evaluate him relative to the shoulder." (App. Exh. 1, p. 3.) It is well established that an award, order, or decision of the Appeals Board must be supported by substantial evidence. (Lab. Code, § 5952(d); Lamb v. Workmen's Comp. Appeals Bd.