What the panel ordered
The WCAB granted the petition for reconsideration, rescinded the January 26, 2022 Findings and Order, and returned the matter to the trial level for further proceedings consistent with the opinion.
Defendant Insurance Company of the West petitioned for reconsideration of the January 26, 2022 Findings and Order, which the WCJ had issued, and the WCAB granted the petition, rescinding the prior Findings and Order and 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's January 26, 2022 Findings and Order was a final order determining threshold issues, so the defendant's petition was properly a petition for reconsideration. The WCAB found the prior Findings and Order inadequate and granted reconsideration to allow further proceedings.
From the decision · page 4Here, defendant's petition is a petition for reconsideration because the January 26, 2022 Findings and Order is a final order as it makes findings on whether applicant met his burden of proof and whether statute of limitations bar applicant's claim. (Findings and Order dated January 26, 2022, Findings nos. 4-7.) These findings determine threshold issues. As such, defendant's petition is a petition for reconsideration.