What the panel ordered
Petition for reconsideration granted; Findings and Order of September 14, 2023 rescinded; new decision awarding temporary disability benefits from September 12, 2022 to October 3, 2023.
Applicant sought reconsideration of the WCJ's Findings and Order of September 14, 2023, which denied temporary disability benefits after September 11, 2022.
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.
Applicant's refusal of modified work was reasonable because the work restrictions and modified duties were not adequately communicated to her, so she was entitled to temporary disability benefits from September 12, 2022 to October 3, 2023.
From the decision · page 2As explained below, applicant's refusal of defendant's modified work offer was reasonable, given that it was not clearly communicated to the applicant how the offer incorporated modified duties commensurate with her condition. We therefore grant reconsideration, rescind the Findings and Order of September 14, 2023, and issue a new decision reflecting entitlement to additional temporary disability benefits from September 12, 2022 to October 3, 2023.