What the panel ordered
Findings and Order of April 18, 2022 rescinded; issue of presumption of compensability deferred; matter returned to trial level for further proceedings
Petition for Reconsideration granted to further study factual and legal issues; decision after reconsideration issued rescinding prior Findings and Order and returning matter to trial level 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 parties had not established whether the presumption applies, so the issue of rebuttal was premature; the QME report was inadequate to rebut the presumption; thus, the matter was returned to the trial level for further proceedings to determine applicability of the presumption.
From the decision · page 4statutory presumption; however, the parties have not established whether applicant is subject to
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.