What the panel ordered
The July 9, 2021 Findings and Order is rescinded and the matter is returned to the WCJ for consideration of the parties' stipulations and further proceedings as appropriate.
Petition for reconsideration of the WCJ Findings and Order denied on July 9, 2021, was granted for further study and settlement consideration.
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's denial of the petition for reconsideration was based on the lack of clear and convincing evidence to set aside the IMR determination, and the WCAB found no error in the WCJ's application of controlling case law but remanded for settlement consideration.
From the decision · page 1applicant, petitioned for reconsideration of the Findings and Order issued by the workers' compensation administrative law judge (WCJ) in this matter on July 9, 2021. In that decision, the WCJ denied applicant's appeal of the July 13, 2020 Independent Medical Review (IMR) final determination denying the request for authorization for extended Nucynta, finding, in part, that the applicant had not shown clear and convincing evidence sufficient to set aside the IMR determination, and that the determination of the Administrative Director dated July 13, 2020 remained in effect.