What the panel ordered
The July 8, 2022 Findings of Fact & Order is rescinded and the matter is returned to the trial level for further proceedings.
Petition for reconsideration of the Findings of Fact & Order issued on July 8, 2022, by the WCJ, which denied Subsequent Injuries Benefits Trust Fund benefits for failure to meet the 35% disability threshold.
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.
Psyche AOE/COERemandedneck · low back · left knee · left finger · psyche
The WCJ made no findings of fact as to applicant's subsequent disability and failed to issue a subsequent disability rating, thus the denial of benefits was unsupported and the matter was remanded for further proceedings.
From the decision · page 6The WCJ rejected applicant's claim for SIBTF benefits because the WCJ found that applicant's subsequent industrial disability did not meet the 35% threshold. However, the WCJ made no findings of fact as to applicant's subsequent disability. Thus, the Findings of Fact do not support the F&O and we must rescind the decision.