What the panel ordered
The March 11, 2021 Findings, Award and Order is rescinded and the matter is returned to the trial level for further proceedings.
Defendant's Petition for Reconsideration of the March 11, 2021 Findings, Award and Order was granted for further study; this is the Decision After Reconsideration.
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 QME's opinions on CVC rebuttal, apportionment, and temporary disability were conclusory and not supported by substantial medical evidence. The record does not sufficiently establish the periods of temporary disability, and the apportionment opinions lack adequate explanation. The award is not supported by substantial evidence and must be rescinded.
From the decision · page 8opinions contained within the medical reporting are conclusory and provide no indication for why the QME reached the conclusion that he did. As explained in Vigil, the QME must provide a reasoned analysis to rebut the CVC, and that analysis must constitute substantial medical evidence. Accordingly, the present award of permanent disability is not supported by substantial medical evidence and must be rescinded.