What the panel ordered
Findings and Order and Award of February 25, 2020, rescinded; matter returned to WCJ for further proceedings and new decision
Petition for Reconsideration granted; matter returned to WCJ for further proceedings and new decision
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 WCJ's prior award of no increase in permanent disability was not supported by substantial evidence because the QME's opinion was based on an incorrect application of the timing for impairment rating; the WCAB remanded for further development and a new decision.
From the decision · page 1Applicant contends that the reports and deposition testimony of internal medicine qualified medical examiner (QME) Staley J. Majcher, M.D., are substantial evidence that applicant sustained 93% permanent disability as a result of the cumulative injury at issue herein.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.