What the panel ordered
Petition for Reconsideration granted; Findings of Fact, Award and Opinion on Decision of July 14, 2023 rescinded; matter returned to trial level for further proceedings.
Defendant sought reconsideration of the Findings of Fact, Award and Opinion on Decision issued on July 14, 2023; the WCJ had found applicant sustained heart injury developing during employment and awarded unapportioned permanent disability; the WCJ Report recommended denial of reconsideration; the Board granted reconsideration and rescinded the F&A, returning the matter to trial for further development on heart trouble development and timing.
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 that the WCJ's finding that heart trouble developed during employment was not supported by substantial medical evidence, specifically the PQME's opinion did not establish when LVH developed; therefore, the matter was remanded for further development of the record on this issue.
From the decision · page 1Defendant seeks reconsideration of the Findings of Fact, Award and Opinion on Decision (F&A) issued on July 14, 2023, wherein the workers' compensation administrative law judge (WCJ) found as relevant that (1) applicant sustained injury to the heart which began developing during his employment with defendant; and (2) applicant is entitled to an unapportioned award for the cardiac portion of the case of permanent disability which the parties agree rates 57 percent.