What the panel ordered
The WCJ's June 7, 2022 decision is rescinded and the case is returned to the trial level for further proceedings consistent with the WCAB's decision after reconsideration.
Applicant sought reconsideration of the WCJ's June 7, 2022 Findings of Fact & Order that found the claim time-barred under Labor Code section 5405, resulting in no benefits awarded. The WCAB granted reconsideration to further study the factual and legal issues and now rescinds the WCJ's decision, returning the matter to the trial level 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 found the claim time-barred under section 5405, but the WCAB found the record insufficient to determine the last date of employer-provided medical treatment to toll the statute of limitations and remanded for further development.
From the decision · page 1Applicant seeks reconsideration of the Findings of Fact & Order (F&O) issued on June 7, 2022, by the workers' compensation administrative law judge (WCJ). The WCJ found, in pertinent part, that Labor Code section 54051 time-barred applicant's claim for workers' compensation benefits thereby resulting in him taking nothing from his claims filed herein.