What the panel ordered
Finding of Fact that Applicant did not sustain injury arising out of and in the course of employment is rescinded and amended to find injury compensable.
Petition for reconsideration granted, original WCJ decision rescinded and amended by the Appeals Board panel.
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.
AOE/COEApplicant prevailedright knee
The Appeals Board found the unopposed medical opinion of PQME Dr. Lee, supported by objective evidence and corroborated testimony, established that Applicant sustained an industrial injury to her right knee on February 8, 2022, arising out of and in the course of employment, overruling the WCJ's contrary finding.
From the decision · page 10The medical evidence clearly supports a finding of industrial injury. Dr. Lee finds it medically probable that Applicant did injure her knee at work on February 8, 2022, and this appears to be based upon a scientific forensic analysis of evidence that was provided by the parties after sufficient opportunity for discovery. Whether this happened because of a bubble in the flooring material, or the size of that bubble, is immaterial to the submitted issue of injury AOE/COE as long as an injurious movement of applicant's right knee on February 8, 2025 arose out of and in the course of Applicant's work. Dr. Lee concludes that it did in this case, and the evidence adduced by Defendant at trial is insufficient to prove that it did not. The existence of multiple knee injuries