What the panel ordered
The April 11, 2023 Findings and Order is rescinded and the matter is returned to the WCJ for further proceedings consistent with this opinion and to issue a new decision.
Applicant sought reconsideration of the April 11, 2023 Findings and Order, which denied entitlement to a psychological evaluation. The WCAB granted reconsideration to further study the legal and factual issues, reviewed the record, and now issues its Decision After Reconsideration.
This docket was decided more than once. Shown here is the latest released decision; we also hold August 29, 2023.
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 record contains insufficient medical evidence to determine whether applicant's alleged fibromyalgia and psychiatric sequelae resulted in a demonstrable change in condition; further development of the record is necessary.
From the decision · page 7We therefore conclude that the record must be developed to address the issue of whether applicant has incurred disability that is both new and further, within five years of the date of injury. Upon return of this matter to the trial level, we suggest that the record be developed to facilitate the WCJ's review of all relevant medical and medical-legal reporting, including the reporting of Dr. Rinaldi, as well as applicant's primary and secondary treating physicians. Additionally, the testimony of applicant may prove germane to the inquiry. Once the record has been developed, the parties and, if necessary, the WCJ, may determine whether applicant has met the requirements for continuing jurisdiction under section 5410 and the standards set forth in Applied Materials, supra, and Sarabi, supra, of a demonstrable change in condition, including a new need for medical treatment, occurring within five years of the date of injury.