What the panel ordered
Findings and Order of December 8, 2021, rescinded; matter returned to WCJ for further proceedings
Petition for Reconsideration of the Findings and Order issued by the WCJ on December 8, 2021, granted; matter returned to WCJ 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.
Defendant did not meet burden of proof on statute of limitations because the only evidence was an unsigned Benefits Paid Report without witness testimony; also, defendant failed to give required notice under AD Rule 9812, tolling the statute until applicant received notice in July 2021; therefore, the claim was not barred and reconsideration was granted.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant's only evidence on last benefit date was an unsigned Benefits Paid Report without witness testimony
Favours Applicant prevailed
This evidence was insufficient to meet defendant's burden of proof on statute of limitations