What the panel ordered
Reconsideration granted; January 30, 2024 decision rescinded; matter returned to trial level for recalculation of attorney's fees including future COLAs.
Applicant sought reconsideration of the January 30, 2024 Findings and Order re Attorney Fees, contending the attorney's fees calculation did not include future COLAs; the WCJ recommended denial of the petition; the Board granted reconsideration and remanded for recalculation of attorney's fees including COLAs.
This docket was decided more than once. Shown here is the latest released decision; we also hold October 17, 2023, November 2, 2022.
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 Board found the WCJ erred in excluding future COLAs from the attorney's fees calculation, as the award contemplates lifetime indemnity payments including COLAs, and remanded for recalculation including a reasonable estimate of future COLAs.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.