What the panel ordered
Findings of Fact and Order dated August 21, 2019, rescinded; matter returned to WCJ for further proceedings and new decision
Petition for Reconsideration granted to further study factual and legal issues; decision after reconsideration rescinds prior Findings of Fact and Order and returns matter to 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.
Substantial evidence / credibilityRemandedlower back · lumbar spine
The WCJ found QME Dr. Swartz biased and his opinions speculative and based on incorrect legal theories, thus not substantial evidence; the WCAB found no evidence of bias but agreed the reports were not substantial evidence and rescinded the prior decision for further development.
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 August 21, 2019, wherein the WCJ found in pertinent part that applicant sustained a specific non-industrial injury to his lower back on July 26, 2015; that as a result of the July 26, 2015 injury applicant underwent surgery which resulted in a non-industrial urological/bladder injury; that the record needs further development to determine whether applicant sustained a cumulative low back injury during the period ending November 18, 2018; and that orthopedic qualified medical examiner (QME) Aubrey A. Swartz, M.D., was biased and was stricken as the QME in this matter.