What the panel ordered
The January 28, 2020 Findings and Order is rescinded and substituted with a new order deferring the issues of whether the delay in filing and serving the lien assignment was unreasonable and prejudicial, and whether the lien is barred by laches. The matter is returned to the trial level for further action.
The matter was previously decided by a WCJ on January 28, 2020, whose Findings and Order were reconsidered by the Appeals Board panel, which rescinded the prior order and returned the matter to the trial level for further proceedings.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 Appeals Board deferred the issue due to lack of sufficient findings and evidence on whether the delay was unreasonable and prejudicial.
From the decision · page 6Accordingly, we rescind the January 28, 2020 F&O and substitute it with a new F&O deferring the issue of whether defendant met its burden to show that the delay in filing and serving the Angoal/Goalwin purchase agreement and declaration was unreasonable and prejudicial to defendant. The matter is also returned to the trial level for further actions consistent with this opinion.