What the panel ordered
Order of August 5, 2021 rescinded; matter returned to trial level for further proceedings.
Petition for Reconsideration filed by defendant challenging a minute Order requiring payment of benefits; WCJ recommended denial of Petition; Board rescinded the Order and returned matter to trial level for further proceedings.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 record was incomplete and lacked evidence of the parties' agreement; the WCJ's order was based on an off-the-record agreement without proper evidentiary record, raising due process concerns.
From the decision · page 3Here, we are unable to provide meaningful review due to the state of the record. Even if the parties had agreed to the benefits owed to applicant as set forth in the August 5, 2021 minute Order, there is no evidence of that agreement in the record. The WCJ concedes in the Report that this is the case, stating that the parties' agreement was "off the record," and that the agreement was "simply memorialized" during the August 5, 2021 hearing via the minute Order.3 (Report, p. 4,
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.