Applicant Manuel Agurto sought reconsideration of a February 4, 2025 F&O that found injury AOE/COE to his psyche, set average weekly wage at $500 based on earning capacity per Labor Code section 4453(c)(4), and ordered further development of the record. The WCJ's Opinion on Decision contained additional findings (injury to multiple orthopedic body parts and hernia, occupational group 480, and future medical awards) that were not reflected in the F&O itself. The Appeals Board granted reconsideration solely to rescind the F&O and substitute a Findings, Award, and Order (FA&O) that captures all of the WCJ's findings, awards, and orders, while deferring temporary disability, permanent disability, apportionment, SJDB voucher, attorney's fees, penalties, the EDD lien, and psyche future medical. The Board treated the bulk of applicant's challenges (to deferred interlocutory issues) under the removal standard and found no prejudice or irreparable harm. The Board found the section 5402(b) presumption argument and occupational group argument moot, deferred the replacement psyche QME panel issue, and admonished applicant's counsel for filing a near-frivolous petition.
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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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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