What the panel ordered
Petition for reconsideration granted; First Amended Findings and Award rescinded; matter returned to WCJ for further proceedings and new decision.
Defendant sought reconsideration of the First Amended Findings and Award issued by the WCJ on November 24, 2020, which found applicant's upper extremity injury caused 37% permanent disability based on QME Dr. Behrman's report.
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.
Reconsideration / removalRemandedupper extremity
The record was incomplete, lacking a trial record, admitted evidence, and a proper Opinion on Decision, requiring rescission and remand for further proceedings.
From the decision · page 2The threshold issue which we must address is that the record of proceedings in this matter does not contain a trial record regarding the October 12, 2020 trial. The Electronic Adjudication Management System (EAMS) adjudication file does not contain a Minutes of Hearing and Summary of Evidence, there are no stipulations and/or issues identified, and there is no evidence admitted into the record.