What the panel ordered
Petition for Reconsideration granted; Findings of Fact, Award and Orders affirmed except Finding no. 9 amended to defer the issue of temporary disability; matter returned to trial level for further proceedingsp. 5
Defendant’s Petition for Reconsideration of WCJ’s September 15, 2023 Findings of Fact, Award and Orders
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.
Applicant’s retirement does not preclude TD entitlement, but she must prove intent to pursue other work and present entitlement; award of ongoing TD was premature without substantial evidence
From the decision · page 4With respect to Finding no. 9, the issue of whether applicant is entitled to temporary disability benefits following Michael J. Behrman, M.D.’s medical report dated June 19, 2023, where he found applicant eligible for modified duty, we conclude that this finding is premature. Finding no.