What the panel ordered
Petition for Reconsideration granted; Joint Findings and Order of June 28, 2023 rescinded; matter returned to WCJ for further proceedings and new decision.
Petition for Reconsideration filed by ACE American Insurance seeking review of WCJ's Joint Findings and Order issued June 28, 2023; WCAB grants reconsideration, rescinds the F&O, and returns matter to WCJ 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 WCJ's Joint Findings and Order was internally inconsistent by awarding reimbursement including prejudgment interest but denying prejudgment interest; the WCAB found this inconsistency required rescission and remand for further proceedings.
From the decision · page 5Following our review of this matter occasioned by ACE American's Petition, we agree that the June 28, 2023 F&O is internally inconsistent. The decision awards an amount that includes prejudgment interest as set forth in CIGA's February 16, 2023 Petition for Reimbursement, but simultaneously determines that CIGA is not entitled to the same prejudgment interest. (Finding of Fact No. 5.) We further note that the Order denies ACE's request to reduce the amount of reimbursement, but also denies CIGA's request for prejudgment interest. (See Order, Nos. "b" and "c".)