What the panel ordered
Petition for Reconsideration granted; Findings and Award rescinded; matter returned to WCJ for further proceedings consistent with the opinion.
Defendant sought reconsideration of the WCJ's Findings and Award issued April 29, 2021, which was granted by the WCAB panel, rescinding the F&A and returning the matter to the WCJ for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold May 5, 2021.
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 medical evidence, particularly Dr. Matan's reports and deposition, was inconsistent and did not constitute substantial evidence to determine whether the injury was specific, cumulative, or both, requiring further development of the record.
From the decision · page 6Here, applicant claimed injury to his wrists as a result of "repetitive trauma on the job" on June 26, 2013 (the date of the ATV accident) and defendant stipulated the applicant sustained an injury on June 26, 2013. More importantly, as discussed above, Dr. Matan initially stated that applicant's bilateral wrist/nerve condition was caused by the June 26, 2013 ATV accident. (See e.g. Joint Exhs. 1, 2, and 4.) Subsequently, he explained why it was caused by more than 20 years of repetitive and cumulative trauma. (See Joint Exhs. 6 and 7.) At no time did he explain the apparent inconsistency in his stated opinions. Having reviewed the entire record, it is clear that applicant sustained an injury AOE/COE to his bilateral wrists but we are unable to determine whether applicant's condition is the result of a specific injury, a cumulative injury, or both. This is a threshold issue that must be determined and Dr. Matan's reports and deposition testimony do not constitute substantial evidence upon which the decision can be made.