What the panel ordered
The Appeals Board affirmed its September 26, 2011 en banc decision, except it amended the decision to clarify that its principles apply prospectively from September 26, 2011.
Appeals Board granted reconsideration of its September 26, 2011 en banc decision on its own motion and issued a notice of intention to modify that decision to apply its principles prospectively from September 26, 2011.
This docket was decided more than once. Shown here is the latest released decision; we also hold November 4, 2011, September 26, 2011.
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 Board clarified that its September 26, 2011 decision shall apply prospectively from that date to avoid reopening of prior orders and to prevent delay and unfairness in ongoing cases.
From the decision · page 61 IT IS FURTHER ORDERED that application of the principles