What the panel ordered
Petition for reconsideration granted; June 5, 2025 Findings of Fact and Order rescinded; new order issued removing injury finding; matter returned to trial level for further proceedings.
Petition for reconsideration granted, rescinding the June 5, 2025 Findings of Fact and Order and substituting a new order removing the finding of injury AOE/COE; matter returned to trial level for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold September 21, 2022.
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 finding of injury AOE/COE was removed because no body parts were identified and no medical evidence supported injury to any body parts, making the injury finding legally unenforceable.
From the decision · page 6III. Next, we observe that in the June 5, 2025 F&O, the WCJ failed to list any body parts with respect to his finding of injury AOE/COE in the Findings of Fact #1. At the expedited hearing, the parties stipulated the decedent sustained injury AOE/COE with body parts still in dispute. (MOH, May 28, 2025, p. 2:1-4.) However, failure to include at least one of the body parts injured in a stipulation to injury can lead to anomalous results, and it is a practice that should be avoided. At least one body part must be identified because a finding that an injury occurred without an identified body part may not be a legally enforceable AOE/COE finding. (Lab. Code, § 3600(a); South Coast Framing v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291, 297§ 298 [80