Clerical errors in the prior Findings and Award, including incorrect award of temporary disability and reference to psychiatric injury.
Favours Applicant prevailed
These errors warranted reconsideration and rescission of the prior Findings and Award.
From the decision · page 5With respect to defendant's petition, defendant is correct regarding clerical errors that
found an award of temporary disability of 14% and the reference to a psychiatric injury in the
Opinion on Decision. The award should have correctly found 14% permanent disability, and the
reference to psychiatric injury was incorrect.
Improper closure of discovery limited only to AOE/COE issues, but prior decision closed discovery on all issues.
Favours Applicant prevailed
This procedural error required reconsideration and further proceedings.
From the decision · page 5There are also substantive errors in the decision, as pointed out by defendant. The first is
the closure of discovery. Discovery was ordered closed at the time of the July 12, 2021 Mandatory
Settlement Conference on the issue of AOE/COE only, but my reiteration of the closure of
discovery did not limit this closure to AOE/COE, as it should have. Second, I made a determination
on the issue of applicant's occupational variant (Group 370), when that issue was not raised in the
July 12, 2021 Pre-Trial Conference Statement as an issue for determination at trial. In reviewing
the matter further, although neither party objected to me addressing the issues of permanent
disability and apportionment, those issues were also not raised for determination in the July 12,
2021 Pre-Trial Conference Statement. Based upon my errors in the decision, I recommend that
reconsideration be granted, that my October 20, 2021 Findings and Award be rescinded, and that
the matter be returned to the trial level for further proceedings to correct these errors and re-submit
the matter for decision.
Issues of permanent disability and apportionment were not set for trial but were decided in the prior Findings and Award.
Favours Applicant prevailed
Deciding issues not set for trial was a substantive error requiring reconsideration.
From the decision · page 5There are also substantive errors in the decision, as pointed out by defendant. The first is
the closure of discovery. Discovery was ordered closed at the time of the July 12, 2021 Mandatory
Settlement Conference on the issue of AOE/COE only, but my reiteration of the closure of
discovery did not limit this closure to AOE/COE, as it should have. Second, I made a determination
on the issue of applicant's occupational variant (Group 370), when that issue was not raised in the
July 12, 2021 Pre-Trial Conference Statement as an issue for determination at trial. In reviewing
the matter further, although neither party objected to me addressing the issues of permanent
disability and apportionment, those issues were also not raised for determination in the July 12,
2021 Pre-Trial Conference Statement. Based upon my errors in the decision, I recommend that
reconsideration be granted, that my October 20, 2021 Findings and Award be rescinded, and that
the matter be returned to the trial level for further proceedings to correct these errors and re-submit
the matter for decision.