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ADJ9384866 →Jul 22, 2022 · San BernardinoPanel decision
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Published panel decisions, almost all since 2021: the litigated tail of a system that mostly settles. Issues and outcomes were extracted by AI and released only where the source passage checked. A row is a decision, never a claimant. Not legal advice.
The WCAB granted the Petition for Reconsideration, rescinded the April 25, 2022 Findings, Award & Order, amended the permanent and stationary date to November 3, 2016, found injury to the psyche, ordered further development of the record for internal medicine and urology issues, and deferred permanent disability, apportionment, and attorney fees pending further development.
Reconsideration granted; WCJ decision of April 22, 2022 affirmed except amended to reflect 30% nonindustrial apportionment to left knee, 67% permanent disability award, and attorney fees of 15%.
The WCAB affirmed the Findings of Fact and Award, denying defendant's petition for reconsideration and rejecting apportionment of permanent disability to the 2016 non-industrial motor vehicle accident or prior industrial injury.
The WCAB denied the defendant's Petition for Reconsideration, affirming the award of 100% permanent total disability without apportionment to non-industrial factors.
Findings, Award, and Order affirmed except amended to find QME Dr. Wieseltier's reports not substantial evidence on apportionment; permanent disability issue deferred; applicant entitled to future medical care; issue of treatment outside MPN deferred; matter returned to WCJ for further proceedings
The Board affirmed the WCJ's Findings, Award, and Order issued August 12, 2019, with amendments to exclude neurological system injury and admit additional exhibits; the Petition for Reconsideration was denied.
Decision after reconsideration affirms the WCJ's findings except amends the apportionment of psychiatric disability, increasing permanent disability rating to 71%.
Applicant's Petition for Reconsideration dismissed; Defendant's and lien claimant's Petitions for Reconsideration granted; November 23, 2020 Findings and Award rescinded and substituted with new Findings of Fact; matter remanded to WCJ for attorney fees determination.
The Board granted reconsideration, rescinded the January 25, 2021 Findings and Award, and returned the matter to the trial level for further development of the medical record on permanent disability and apportionment.
Petition for Reconsideration granted; Findings and Award amended to find no substantial evidence for apportionment, defendant did not meet burden of proof on apportionment, and injury caused 20% permanent partial disability; Award amended accordingly.
Joint Findings and Award rescinded; matter remanded to WCJ for redetermination of permanent disability and apportionment under section 4663 without applying section 4664(b)p. 19