What the panel ordered
Petition for credit against permanent disability for alleged temporary total disability overpayment denied; prior Findings and Order affirmed
Petition for reconsideration granted to study factual and legal issues; decision after reconsideration issued affirming prior Findings and Order dated February 11, 2021
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 defendant's failure to timely provide medical records to the QME caused the delay in the QME's permanent and stationary opinion, which led to the alleged overpayment. The WCJ found it inequitable to grant the credit given the defendant's conduct and the equities of the case.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant failed to timely provide medical records to the QME before the initial exam on August 9, 2019
Favours Applicant prevailed
This failure caused delay in the QME's permanent and stationary opinion, leading to the alleged TTD overpayment