What the panel ordered
Petition for Reconsideration granted; final decision after reconsideration deferred pending further review of merits and entire record.p. 9
Defendant sought reconsideration of the WCJ Findings of Fact issued May 29, 2026, which found applicant sustained industrial injury including diabetes, hypertension, respiratory, pulmonary, and heart conditions; WCJ report recommended denial of reconsideration; WCAB granted defendant's petition for reconsideration and deferred final decision pending further review.
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 WCAB found that the petition for reconsideration was timely and that the parties were properly notified, warranting granting reconsideration and deferring final decision for further review.
From the decision · page 1Defendant seeks reconsideration of the Findings of Fact (Findings), issued by the workers’ compensation administrative law judge (WCJ) on May 29, 2026, wherein the WCJ found, in pertinent part, that applicant, while employed by defendant during the period June 1, 1996 through November 26, 2019 as a corrections officer, sustained injury arising out of and in the course of employment (AOE/COE) in the form of diabetes, hypertension, and to his respiratory and pulmonary system, as well as his heart, and the applicant’s disability resulting from his heart and respiratory disorder are 100% industrial. Defendant contends that the WCJ failed to account for the parties’ off the record stipulation(s) that the re
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Service of the Report and Recommendation and transmission of the case to the Appeals Board occurred on June 30, 2026, providing actual notice to parties of the 60-day period to act on the petition.
Favours Applicant prevailed
This established the timeliness of the petition for reconsideration under Labor Code section 5909, leading to granting reconsideration.
From the decision · page 3Section 5909(b)(2) (in effect from July 2, 2024 through June 30, 2026) provides that service of the Report and Recommendation shall be notice of transmission. Here, according to the proof of service for the Report and Recommendation by the workers’ compensation administrative law judge, the Report was served on June 30, 2026, and the case was transmitted to the Appeals Board on June 30, 2026. Service of the Report and transmission of the case to the Appeals Board occurred on the same day. Thus, we conclude that the parties were provided with the notice of transmission required by section 5909(b)(1) (in effect from July 2, 2024 through June 30, 2026), because service of the Report in compliance with section 5909(b)(2) (in effect from July 2, 2024 through June 30, 2026) provided them with actual notice as to the commencement of the 60-day period on June 30, 2026.
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Dr. Green opined that the applicant's pneumonia was not caused by exposure during training due to the incubation period timing, but his opinion was found speculative and not substantial evidence by the WCJ and WCAB.
Dr. Green's opinion was rejected due to reliance on speculative incubation period data and lack of adequate justification for symptom manifestation timing.
From the decision · page 3The applicant was also seen by Dr. Jonathan Green, who diagnosed the applicant with pneumonia and adult-onset diabetes mellitus. [7. JOINT E: Medical report of Dr. Jonathan Green, 1-26-2022, Page 12.]
Dr. Lineback opined that the applicant's pneumonia was job-related due to regular exposure to inmates and colleagues, and that the pulmonary function abnormalities were a result of the pneumonia episode requiring hospitalization in December 2019.
From the decision · page 4Dr. Lineback initially evaluated the applicant. As to the applicant’s respiratory issue, Dr. Lineback stated that the applicant was working as a correctional officer for the Santa Ana Police Department when his pneumonia was diagnosed. The
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Petition for reconsideration must be acted upon within 60 days of transmission to the Appeals Board, with proper notice to parties.
The WCAB found the petition was timely and notice was properly given, warranting reconsideration.
From the decision · page 2I. Up through July 1, 2024, petitions for reconsideration were subject to former section 5909, which provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) During the period from July 2, 2024 through June 30, 2026, petitions for reconsideration were subject to former section 5909, which stated in relevant part that: (a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
What proof carried it
The evidence the panel weighed, by kind.
Dr. Green's opinion on incubation period was speculative and not substantial evidence.
From the decision · page 6Based on the evidence submitted, the incubation period upon which Dr. Green relied to opine that the applicant’s exposure to the ill Nicholas Endara was not the cause of his respiratory injury is based on speculative data. As such, it is not absolute.
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About this page
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