What the panel ordered
Reconsideration granted; prior Findings and Award rescinded; new Findings of Fact issued affirming injury AOE/COE and need for medical treatment; issues of permanent disability, apportionment, and attorney fees deferred; matter returned to trial level for further proceedings and consultative rating.
Defendant CIGA for Lumbermens Mutual filed a timely, verified petition for reconsideration of the September 20, 2023 Findings and Award. The WCAB granted reconsideration, rescinded the prior Findings and Award, and substituted new Findings of Fact, deferring permanent disability, apportionment, and attorney fees, and returning the matter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.
Defendant did not dispute injury AOE/COE or need for medical treatment; WCAB affirmed WCJ's findings on these issues.
From the decision · page 1We have considered the allegations of the Petition for Reconsideration and the contents of the Report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ's Report, which we adopt and incorporate, we will grant reconsideration, rescind the Findings and Award, substitute it with new Findings of Fact, that defer the issues of permanent disability, apportionment, and attorney fees. Defendant does not dispute the issue of injury arising out of and occurring in the course of employment (AOE/COE) or need for medical treatment. Therefore, we will affirm the WCJ's findings in this regard and return this matter to the trial level for further proceedings, as determined appropriate by the WCJ to obtain a consultative rating from the Disability Evaluation Unit and for a new decision and reissuance of the Award.