What the panel ordered
Reconsideration granted; November 14, 2023 Findings of Fact rescinded; matter returned to trial level for further proceedings and decision by the WCJ.
Applicant petitioned for reconsideration of the November 14, 2023 Findings of Fact, which found the WCAB lacked jurisdiction to determine whether the Brain Injury Program requested by the primary treating physician was reasonable and necessary. The WCAB granted reconsideration, rescinded the WCJ's decision, and returned the matter for further proceedings.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 originally found no jurisdiction because the July 7, 2023 RFA was not based on a material change in fact. Upon reconsideration, the Board found the new information provided by Dr. Lo may document a change in material facts, warranting further proceedings.
From the decision · page 6The salient issues to be determined herein are whether the Workers' Compensation Appeals Board had jurisdiction to determine whether the Brain Injury Program requested by the primary treating physician, Dr. Timothy Lo, in the July 7, 2023 (Exh. 1) Appeal/Request for Authorization (RFA) is reasonable and necessary to cure or relieve applicant from the effects of the herein injury, and if so, whether applicant is in need of the Brain Injury Program.