What the panel ordered
Petition for Reconsideration denied.
Defendant filed a verified petition for reconsideration of the Findings and Orders issued by the WCJ on February 3, 2026, which the WCAB panel denied on May 18, 2026.
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 that he reported injury to his manager and was unaware of workers' compensation rights, tolling the statute of limitations due to employer's failure to notify and provide claim form; defendant failed to prove affirmative defenses of statute of limitations and laches; PQME Dr. Mirzayan's report was stricken as untimely, leaving insufficient medical evidence, requiring further development of the record.
From the decision · page 1Defendant seeks reconsideration of the Findings and Order issued by the workers' compensation administrative law judge (WCJ) on February 3, 2026. Therein, the WCJ found that applicant claims to have sustained injury arising out of and occurring in the course of employment (AOE/COE) to his neck, back, arms, and shoulders, while employed as a sales representative during the period from March 15, 2008 to December 18, 2009. The WCJ further found that the applicant's claim is not barred by the statutes of limitations; the claim is not barred by laches; the reporting of panel qualified medical evaluator (PQME) Raffy Mirzayan, M.D., was not timely served; defendant formally objected to the timeliness of Dr. Mirzayan's report prior to the service of that report; the reporting of Dr. Mirzayan has been stricken from the record, the court lacks sufficient credible medical evidence to adjudicate injury AOE/COE; and the record needs to be further developed in order to adjudicate injury AOE/COE.