What the panel ordered
The Appeals Board granted reconsideration, rescinded the July 12, 2024 Findings and Award, substituted a new Findings and Award restating the WCJ's decision except deferring issues of temporary disability from November 1, 2020 to March 31, 2021, and the mechanism of injury under Labor Code section 4656(c)(3). The matter was returned to the trial level for further proceedings.
Defendant Tosca Services, LLC sought reconsideration of the July 12, 2024 Findings and Award. The WCJ prepared a Report and Recommendation on Petition for Reconsideration recommending denial. The Appeals Board granted reconsideration, rescinded the F&A, and substituted a new Findings and Award deferring certain issues and returning the matter to the trial level for further proceedings.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 record was deficient in identifying the specific mechanism of injury to a reasonable medical probability, with conflicting medical history and lack of substantive discussion on whether the injury was high-velocity as required by the statute.
From the decision · page 9We are similarly persuaded that the record is deficient with respect to the mechanism of injury. The WCJ determined that applicant is entitled to the extended periods of temporary total disability available under section 4656(c)(3) because his injury involved either a high-velocity eye injury or a chemical burn to the eyes. (Lab. Code, § 4656(c)(3)(F) & (G).) Pursuant to section 4656(c)(3) either mechanism of injury would allow applicant to receive TTD benefits up to 240 compensable weeks within five years from the date of injury.