What the panel ordered
Petition for Reconsideration granted, Findings and Orders rescinded, matter returned to trial level for further proceedings
Petition for Reconsideration granted, Findings and Orders of July 28, 2023 rescinded, matter returned to WCJ for further proceedings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.
AOE/COERemandedpsyche
The WCJ's original decision failed to adequately address the medical evidence regarding the compensability of the psyche injury claims and improperly relied on orthopedic AME report and settlement documents without proper explanation, leading to the Board granting reconsideration and remanding for further proceedings.
From the decision · page 4Here, we do not believe that the Opinion on Decision and the Report meet the above requirements. Specifically, the WCJ fails to explain why Dr. Craemer's report an AME report pertaining to applicant's orthopedic injuries casts any light one way or the other on whether applicant suffered (1) a compensable specific psyche injury or (2) a compensable cumulative trauma psyche injury. Furthermore, the OOD itself contains no acknowledgement of Dr. Michaels' finding of a compensable psyche injury, while the Report concludes that Dr. Michael's report "conflict[s]" with the settlement documents, without explaining the basis for that conflict.