What the panel ordered
The December 20, 2021 Findings of Fact and Order is affirmed except as amended to order further development of the record with supplemental reports from Dr. Lee Lin and Dr. Cynthia Mothersole to address injury AOE/COE and temporary disability.
Petition for Reconsideration filed by defendants, granted in part to order further development of the record with supplemental reports from Dr. Lee Lin and Dr. Cynthia Mothersole, and otherwise affirming the WCJ's December 20, 2021 Findings of Fact and Order.
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 WCJ found applicant's credible testimony of increasing workload and substantial medical evidence of worsening eye condition during employment supported further development of the record to address injury AOE/COE and temporary disability.
From the decision · page 7As indicated above, this WCJ does understand that applicant bears the burden of proving injury AOE/COE but in light of the unrebutted and credible testimony of applicant's ever- increasing and unmanageable workload across county lines and substantial medical evidence documenting significant worsening of applicant's eye condition during applicant's employment with the employer herein, this WCJ exercised discretion to ensure substantial justice by ordering development of the record consistent with Labor Code § 3202, which states as follows: