What the panel ordered
Findings and Award of November 19, 2009, amended to defer permanent disability and attorney's fees issues; remanded to WCJ for further proceedings and new decision
Petition for reconsideration granted; remanded to WCJ for further proceedings and new decision consistent with en banc opinion
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 en banc decision clarifies the distinct roles of the physician, WCJ, and rater in determining whole person impairment (WPI) under the AMA Guides, emphasizing that the WCJ is not bound by the rater's rating and must base ratings on substantial evidence. The WCJ's initial 10% WPI rating is remanded for reassessment to ensure it is supported by substantial evidence.
From the decision · page 111 We granted the petition for reconsideration filed by defendant, ACE American Insurance
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.