What the panel ordered
Petition for reconsideration granted; WCJ's Findings and Order rescinded; matter returned for further proceedings.
Petition for reconsideration of WCJ's Findings and Order denying employment during alleged CT period; panel grants reconsideration, rescinds F&O, and remands 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.
AOE/COERemandedhead · neck · back · legs · knees · other body systems
The WCJ erred in denying amendment of the pleadings to conform to testimony regarding employment dates; the proper procedure was to develop the record further. The matter is remanded for further proceedings to determine employment during the correct period.
From the decision · page 7In this matter, applicant attempted to amend the date of injury to conform to the testimony provided by applicant which, as all parties seem to agree, directly refuted a period of employment prior to April 20, 2025 as initially plead. It is not clear from the record whether defendant objected to the motion, but the WCJ denied the request. We agree that the request was made at a late point in litigation after both parties had effectively rested and the exhibits had been agreed to and discussed. However, the motion should have been granted and the matter deferred for further discovery and a hearing on the merits.