What the panel ordered
Petition for Reconsideration granted; Findings and Award of January 19, 2024 affirmed as amended; case returned to trial level.
Petition for Reconsideration granted to amend Findings of Fact number 1 to include jurisdictional findings and injury to cervical spine and left shoulder; otherwise affirming January 19, 2024 Findings and Award; matter returned to trial level 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 Board found the claim was not barred by the post-termination defense because defendant failed to prove applicant had disability and knowledge of industrial cause prior to layoff, and amended Findings of Fact to include injury to cervical spine and left shoulder.
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, except as noted below, and the reasons stated below, we will grant reconsideration, amend the WCJ's decision in order to properly note the jurisdictional findings in Finding of Fact number 1, including injury arising out of and occurring in the course of employment (AOE/COE) to the cervical spine and left shoulder. We otherwise affirm the January 19, 2024 Findings and Award. Pursuant to our authority, we accept defendant's supplemental pleading. (Cal. Code Regs., tit. 8, § 10964.)