Applicant Sandra Ja'Chim Scheuing, a nurse practitioner who sustained a 2007 specific injury including CRPS to her lower extremities, sought reconsideration of a WCJ's Findings & Award finding only 28% permanent disability, contending she is 100% permanently and totally disabled based on the AME and vocational evidence. The Board designated this a Significant Panel Decision primarily to clarify procedural rules regarding Labor Code section 5909 and the timeliness/transmission of petitions for reconsideration following Shipley. The Board found the petition was timely filed at the district office on December 18, 2023, but due to administrative error the case was not transmitted to the Appeals Board until February 21, 2024, so the 60-day period to act was tolled. On the merits, because the case was submitted before the en banc Nunes I and Nunes II decisions clarifying the interplay of vocational evidence and apportionment, the Board granted reconsideration, rescinded the December 1, 2023 Findings & Award, and returned the matter to the WCJ for further development of the record.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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