Reyes Ramirez, Fidencio

Applicant Fidencio Reyes Ramirez suffered an admitted industrial injury to his right shoulder and right upper arm on June 1, 2023. After trial, the WCJ found applicant failed to demonstrate entitlement to temporary disability benefits for the period June 5, 2023 through October 9, 2023, reasoning that the medical reports did not connect prescribed work modifications to the accepted body parts (right shoulder/right arm). Applicant filed a Petition for Removal, which the Board treated as a Petition for Reconsideration because the TD finding determined a substantive right. The Board granted reconsideration and found the WCJ's record failed to address the August 16, 2023 Work Status Note's use of the '®' symbol attributing modified work to the right arm, and Dr. Elias's September 13, 2023 report restricting use of the right upper extremity. The Board amended the findings to defer the TD issue and returned the matter to the trial level to further develop the record.