What the panel ordered
Petition for Reconsideration granted; Findings of Fact rescinded; matter returned to Arbitrator for further proceedings including QME evaluation.
Applicant sought reconsideration of the Arbitrator's Findings of Fact issued on October 10, 2023, which found no injury AOE/COE and no industrial hernia; the Board granted reconsideration and rescinded those Findings, returning the matter to the Arbitrator for further proceedings.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.
No medical evidence addressed whether employment was a causative factor for the hernia; the Board found insufficient evidence to determine injury AOE/COE and ordered further development including QME evaluation.
From the decision · page 1Applicant seeks reconsideration of the Findings of Fact (Findings) issued by the Arbitrator on October 10, 2023, wherein the Arbitrator found in pertinent part that applicant did not sustain injury arising out of and in the course of employment (AOE/COE) and did not sustain an industrially related hernia.