What the panel ordered
The WCAB panel granted the defendant's petition for reconsideration, rescinded the WCJ's Findings of Fact, Award and Order of August 28, 2023, and returned the matter to the trial level for further proceedings and decision.
Defendant petitioned for reconsideration of the WCJ's Findings of Fact, Award and Order of August 28, 2023, which was granted by the WCAB panel, rescinding the WCJ's decision and remanding 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.
The WCAB panel found that the issue of the reasonableness of applicant's refusal of the offer of modified work was not sufficiently analyzed on the record and required further evidentiary development regarding childcare costs and availability of alternative care.
From the decision · page 1Defendant seeks reconsideration of a workers' compensation administrative law judge's Findings of Fact, Award and Order of August 28, 2023, wherein it was found that while employed as a food safety sanitor during a cumulative period ending on November 5, 2022, applicant sustained admitted injury to her upper extremities and wrists causing compensable temporary disability from February 12, 2023 to the present and continuing. Applicant also claims injury to the fingers, psyche, "dental," and in the form of headaches, but those claims were not at issue, and deferred.