What the panel ordered
Petition for reconsideration granted; Findings and Award rescinded; issues of temporary disability and attorney's fees deferred; matter returned to trial level for further proceedings.
Petition for reconsideration granted; Findings and Award rescinded; issues of temporary disability and attorney's fees deferred; matter returned to trial level for further proceedings.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 issue of temporary disability and attorney's fees was deferred due to defendant being deprived of due process by admission of a medical report after discovery closed, requiring further discovery and hearing.
From the decision · page 7Accordingly, we will grant the Petition, and, as our Decision After Reconsideration, we will rescind the F&A and substitute findings that defer the issues of temporary disability and attorney's fees; and we will return the matter to the trial level for further proceedings consistent with this decision.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.