What the panel ordered
Petition for Reconsideration granted; April 13, 2022 Findings of Fact and Order rescinded; matter returned to WCJ for further proceedings.
Applicant sought reconsideration of the WCJ's April 13, 2022 Findings of Fact and Order denying injury AOE/COE and the petition was granted by the Appeals Board, rescinding the F&O and returning the matter to the WCJ 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 WCJ's original denial of injury AOE/COE was based on lack of substantial evidence, particularly because the QME Dr. Markovitz's reports were not substantial evidence due to missing requested medical records and lack of re-evaluation opportunity. The Appeals Board granted reconsideration to allow further development of the record including providing the requested records and re-evaluation by Dr. Markovitz.
From the decision · page 1Applicant seeks reconsideration of the Findings of Fact and Order (F&O) issued by the workers' compensation administrative law judge (WCJ) on April 13, 2022, wherein the WCJ found that applicant did not sustain injury arising out of and in the course of employment (AOE/COE) to his respiratory system, lungs, or sinuses/loss of sense of smell; and the WCJ ordered that applicant take nothing by way of his injury claim.