What the panel ordered
Petition for Reconsideration granted in part; May 28, 2021 Findings of Fact and Award affirmed except that the issue of temporary disability from November 7, 2019 through July 17, 2020 is deferred and remanded for further proceedings.
Defendant sought reconsideration of the May 28, 2021 Findings of Fact and Award regarding temporary disability entitlement; the WCJ had issued a Report and Recommendation to deny the petition; the Board granted reconsideration to defer the issue of temporary disability for a specific period and remanded 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.
The Board found that the WCJ did not make an explicit finding of fact regarding temporary disability entitlement for the period November 7, 2019 through July 17, 2020, and therefore deferred the issue for further development of the medical record and adjudication.
From the decision · page 3In this case, we are granting reconsideration to explicitly defer the issue of applicant's entitlement to temporary disability indemnity where the WCJ did not make a finding of fact regarding whether she was entitled to temporary disability. Although it could be argued that the WCJ impliedly determined that applicant was not entitled to temporary disability during that time period based on the discussion in the Opinion on Decision, the Opinion on Decision cannot substitute for an explicit Finding of Fact.