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.
Permanent total disabilityMixedback · left knee · ankle · foot · upper extremity · shoulder
The WCJ found permanent total disability caused by the injury; defendant contested this finding; the matter was settled by Compromise and Release.
From the decision · page 1I. Defendant, Affinity Insurance Limited, petitioned for reconsideration of the Findings of Fact and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on March 8, 2021. In that decision, the WCJ found that applicant's injury to her back and left knee, ankle, foot, upper extremity and shoulder arising out of and in the course of her employment on July 11, 2011, as a truck driver by H&R Livestock Transportation, Inc., caused permanent total disability and need for further medical treatment. Defendant Affinity Insurance Limited, which insured the employer for workers' compensation liability at the time of the injury, contends in its petition for reconsideration that the WCJ erred in finding that applicant's injury caused permanent total disability. Applicant filed an answer contending that the petition for reconsideration should be denied. The WCJ issued a report in which he recommended that the petition for reconsideration be denied. Subsequently, at our request the parties participated in a commissioners' settlement conference and agreed to resolve this matter by Compromise and Release.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant sustained injury to back, left knee, ankle, foot, upper extremity and shoulder on July 11, 2011, arising out of employment as truck driver.