What the panel ordered
Petition for Reconsideration is denied.
Defendant Genesis HC Washington Center seeks reconsideration of the July 5, 2024 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, which rescinded the WCJ's April 12, 2024 Findings and Order denying applicant's January 12, 2024 Petition for Penalties and Enforcement.
This docket was decided more than once. Shown here is the latest released decision; we also hold July 5, 2024.
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 panel found that the defendant improperly took credit for permanent disability advances contrary to the clear terms of the Compromise and Release agreement and the Order Approving Compromise and Release, which stated zero credit for PD advances. The panel denied reconsideration of the prior order enforcing the settlement and deferred penalties and attorney fees.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Compromise and Release agreement and Order Approving Compromise and Release stated zero permanent disability advances credit.