What the panel ordered
The WCAB rescinded the July 14, 2021 Findings and Order and returned the matter to the trial level for further proceedings consistent with the opinion.
Applicant sought reconsideration of the WCJ's July 14, 2021 Findings and Order denying injury and ordering applicant to take nothing; the WCJ issued a Report and Recommendation to dismiss the petition as untimely or deny it on the merits; the WCAB rescinded the WCJ's decision and returned the matter to the WCJ for further proceedings.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.
The WCJ found applicant not credible and denied injury, but the WCAB found contemporaneous medical reports and claim filing within 30 days supported injury; the WCAB remanded for further proceedings including obtaining QME report for substantial evidence.
From the decision · page 7Here, notwithstanding the WCJ's determinations regarding witness credibility, the record demonstrates applicant's contemporaneous reporting of the claimed June 28, 2020 work-related injury to third parties on multiple occasions. The July 9, 2020 report of AME Medical Group states a history of left hip pain for three weeks, and a mechanism of injury of applicant striking her left hip and falling "sideways." (Ex. 2, records of AME Medical Group, dated July 9, 2020, p. 9.) The July 20, 2020 report of Montes Medical Group listed the date of injury as June 28, 2020, and a mechanism of injury of applicant slipping due to the floor being greasy, and applicant hitting her left hip and left leg against a corner of a wall that had a metal part. (Ex. 3, records of Montes Medical Group, dated July 20, 2020, p. 11.) Additionally, on November 12, 2020, applicant's PTP Dr.