What the panel ordered
Findings, Award and Orders of June 16, 2022 rescinded; matter remanded to WCJ for consideration of Compromise and Release and further proceedings
Petition for reconsideration of the WCJ's June 16, 2022 Findings, Award and Orders granted; matter remanded to WCJ to consider Compromise and Release
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 permanent partial disability of 45%, but the applicant contended for permanent total disability; the panel did not rule on the merits but remanded for consideration of the Compromise and Release.
From the decision · page 1applicant, petitions for reconsideration of the Findings, Award and Orders issued by the workers' compensation administrative law judge (WCJ) in this matter on June 16, 2022. In that decision, the WCJ found that applicant's injury to his lumbar spine, head and psyche arising out of and in the course of his employment as a granite edge fabricator on September 23, 2013, by defendant, ADP Total Source, Inc./Duracite caused permanent partial disability of 45%.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's injury to lumbar spine, head and psyche on September 23, 2013
Favours Applicant prevailed
Basis for permanent disability determination
From the decision · page 1applicant, petitions for reconsideration of the Findings, Award and Orders issued by the workers' compensation administrative law judge (WCJ) in this matter on June 16, 2022. In that decision, the WCJ found that applicant's injury to his lumbar spine, head and psyche arising out of and in the course of his employment as a granite edge fabricator on September 23, 2013, by defendant, ADP Total Source, Inc./Duracite caused permanent partial disability of 45%.
WCJ found 45% permanent partial disability
Favours Defendant prevailed
Determined extent of disability in initial decision
From the decision · page 1applicant, petitions for reconsideration of the Findings, Award and Orders issued by the workers' compensation administrative law judge (WCJ) in this matter on June 16, 2022. In that decision, the WCJ found that applicant's injury to his lumbar spine, head and psyche arising out of and in the course of his employment as a granite edge fabricator on September 23, 2013, by defendant, ADP Total Source, Inc./Duracite caused permanent partial disability of 45%.
Applicant contended injury caused permanent total disability
Favours Applicant prevailed
Grounds for petition for reconsideration
From the decision · page 1Applicant contends in his petition for reconsideration that the WCJ erred in not finding that applicant's injury caused permanent total disability.
Parties filed fully executed Compromise and Release on January 4, 2023
Favours neutral
Led to remand for WCJ to consider settlement
From the decision · page 1We granted reconsideration to further study the factual and legal issues presented.1 Subsequently, the parties participated in a commissioners' settlement conference at our request. On January 4, 2023, the parties filed a fully executed Compromise and Release. In order to expedite review and approval of the Compromise and Release, we will rescind the June 16, 2022 Findings, Award and Orders and remand this matter to the WCJ to consider the Compromise and Release. The WCJ may conduct such further proceedings as he deems appropriate.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code
Labor Code
Applied in the context of permanent disability determination
From the decision · page 1applicant, petitions for reconsideration of the Findings, Award and Orders issued by the workers' compensation administrative law judge (WCJ) in this matter on June 16, 2022. In that decision, the WCJ found that applicant's injury to his lumbar spine, head and psyche arising out of and in the course of his employment as a granite edge fabricator on September 23, 2013, by defendant, ADP Total Source, Inc./Duracite caused permanent partial disability of 45%.
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.