Juan Guzman — ADJ12629307

Defendant sought reconsideration of an Appeals Board Opinion and Decision After Reconsideration (issued March 4, 2022) that had granted applicant's prior reconsideration petition, rescinded a November 22, 2021 Findings and Order, and returned the matter to trial level for development of the record. The prior Opinion found the medical record inconsistent regarding the nature of the injury, that the F&O failed to make findings responsive to the issues, and that evidentiary issues required resolution. Defendant argued the Board impermissibly disregarded the WCJ's credibility determination and that compensation was barred by the post-termination defense under Labor Code section 3600(a)(10). The Board held that an order for development of the record is interlocutory and not 'final,' so the petition for reconsideration was dismissed; treated as a petition for removal, it was denied because defendant failed to show irreparable harm or undue prejudice. The Board clarified that it did not disregard credibility findings but rather found the record required development to be supported by substantial evidence.