What the panel ordered
Findings and Order of December 17, 2024 rescinded; matter returned to trial level for further proceedings
Petition for reconsideration of December 17, 2024 Findings and Order granted, matter returned to trial level for further proceedings
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found that the record lacked sufficient evidentiary basis for sanctions and that the WCJ's impartiality could reasonably be questioned, warranting rescission of the sanctions and return for further proceedings.
From the decision · page 6Bearing the above in mind, we observe that the only record of the allegedly sanctionable conduct by lien claimant's representative is contained in the minute reflection of the WCJ. Because the record sets forth no other evidentiary basis for sanctions and because the WCJ is now a potential witness to the events of the June 24, 2024 hearing, we are concerned that based on the existing record a reasonable person may entertain doubts regarding the impartiality of the trier of fact. With due consideration of the facts and circumstances presented in this case, and to the extent