What the panel ordered
Petition for Reconsideration granted; final decision after reconsideration deferred.
Petition for Reconsideration granted and final decision after reconsideration deferred pending further review of merits and entire record.
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 Appeals Board found that the WCJ's conclusion that the request for a medical evaluation and the filing of the claim could not be simultaneous was not based on the clear language of Labor Code section 4060(c).
From the decision · page 4*** [T]he issue in a nutshell is whether a party may request a compensability evaluation when the request is made contemporaneously with the filing of the claim form. Labor Code § 4060 indicates, in relevant part: "If a medical evaluation is required to determine compensability at any time after the filing of the claim form, and the employee is represented by an attorney, a medical evaluation to determine compensability shall be obtained only by the procedure provided in Section 4062.2." (Labor Code § 4060(c))(emphasis added). The court reads this as preluding the simultaneous filing of a claim form and request for a compensability evaluation.