What the panel ordered
Petition for Reconsideration granted; EAMS document number 7426332 designated as Exhibit XX and marked for ID only pending further decision.
Applicant seeks reconsideration of the Findings and Order issued on December 20, 2021, regarding the relevancy and admissibility of EAMS document number 7426332.
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 basis for admitting the EAMS document was not in the record, so the Board granted reconsideration to properly consider its admissibility.
From the decision · page 1Applicant seeks reconsideration of the Findings and Order (F&O) issued on December 20, 2021, wherein the workers' compensation administrative law judge (WCJ) found that (1) while employed during the period ending February 11, 2020, applicant claims to have sustained a cumulative injury arising out of and in the course of his employment to his feet and ankles; (2) EAMS document number 7426332 is relevant to the subject matter of this litigation, is not unduly prejudicial, and refers to matters about which applicant testified at his September 10, 2020 deposition; and (3) exhibits A, 3, 4, 6, 7, and 8 are not relevant to the subject matter of this litigation and not admitted in evidence.