WCPanelIQ
PanelQMERemanded

Newell, Phillip

PHILLIP NEWELL, Applicant vs. MIRACLE PLUMBING, INC.; SECURITY NATIONAL INSURANCE COMPANY, administered by AMTRUST, Defendants

ADJ number
ADJ14478546
Decision date
Mar 8, 2026
District office
San Francisco
WCJ
—
Claim administrator
AmTrust (administering Security National Insurance Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: left lower extremity, left leg, left ankle, low back/lumbar spine, right lower extremity, right leg, right ankle, psyche

LC §5909LC §5900LC §5313LC §5815LC §5903LC §5952LC §5410LC §5803LC §5407LC §5902LC §5901CCR §10964CCR §10600CCR §10787

Summary

Defendant sought reconsideration of a December 8, 2025 F&O in which the WCJ found good cause to reopen a prior award and found industrial injury to additional body parts (low back and right lower extremity) beyond the previously accepted left lower extremity, left leg, and left ankle. The 2023 F&A had listed the lumbar spine as an issue but was silent on it in the findings while deferring 'all other issues.' The Board held the 2023 decision failed to comply with Labor Code section 5313 because it did not make findings on all issues, meaning the lumbar spine was never decided on the merits. The Board further found that good cause to reopen and the petition for new and further disability were not properly listed as trial issues and should have been adjudicated before deciding whether jurisdiction existed to add body parts. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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