What the panel ordered
Affirm Findings of Fact and Order except amend to defer issue of temporary disability indemnity for period September 25, 2020 to April 27, 2021; return matter to WCJ for further proceedings
Petition for Reconsideration granted to further study factual and legal issues; WCJ Findings of Fact and Order issued October 4, 2021, under review
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 record lacks substantial evidence regarding the nature and physical demands of the modified work offered, any updated offers, and whether applicant timely objected to the work restrictions or discussed pain with physicians, thus the issue of entitlement to temporary disability indemnity for the period September 25, 2020 to April 27, 2021 is deferred for further development.
From the decision · page 4Here, our review of the record indicates that defendant offered applicant modified work on September 28, 2020. (Def. Exh. H, Transcript of Proceedings pp. 13 § 15.) However, the offer of modified work is not clear as to the actual nature of the work being offered or the physical demands of that work. Also, the document stated that the modified work was being offered effective September 27, 2020, and that the offer would be re-evaluated and updated on September 30, 2020, the date of applicant's next doctor's appointment. (MOH/SOE, p. 7; Transcript of Proceedings p. 13.) The record contains no evidence that there was a subsequent "updated" offer of modified work.