De Luna, Argelia

Applicant Argelia De Luna sought reconsideration of a First Amended Findings, Award and Orders issued December 16, 2024, in which the WCJ found a cumulative trauma injury (August 21, 2007 to June 11, 2018) to the lumbar spine and right upper extremity rated at 15% permanent partial disability, with apportionment. The amended F&O reduced the disability from an earlier 68% finding after the WCJ agreed with defendant that the reporting of Dr. Schames was not substantial medical evidence. Applicant contended the decision should have relied on unrebutted applicant reports, that the record needed further development on apportionment and PTP review of medical-legal reports, and that the WCJ erred by amending the F&O rather than waiting for the WCAB. The Appeals Board granted reconsideration, finding it was unclear there was substantial medical evidence supporting the WCJ's decision and that the record may not be properly developed. The Board deferred a final decision pending further review of the merits and the entire record.