What the panel treated as outcome-determinative, and which side it favoured.
Defendant overpaid temporary disability benefits beyond 104-week statutory cap
Favours Defendant prevailed
Basis for deferring amount and equities issues for further proceedings
From the decision · page 103. It is found that defendant overpaid applicant's temporary disability benefits,
and that the issues of the amount of overpayment and whether the equities favor an award
of credit for the overpayment are deferred.
Applicant reached maximum medical improvement and permanent and stationary status on December 16, 2022
Favours Applicant prevailed
Supports permanent disability rating and need for further medical treatment
From the decision · page 3The applicant has reached maximal medical improvement since December
16, 2022. She is permanent and stationary. The applicant has had several
sessions of physical therapy. She has been taking pain medications,
including anti-inflammatory pain medications and neuropathic pain
medications. She underwent right shoulder surgery with postoperative
physical therapy. She has been evaluated by multiple pain management
specialists, and she received cervical epidural injections.
Applicant testified regarding work duties for 23 years as bakery wrapper
Favours Applicant prevailed
Supports credibility and permanent disability determination
From the decision · page 3Applicant was the only witness at trial and testified as to the duties of her work as
No evidence applicant acted in bad faith accepting temporary disability benefits beyond 104 weeks
Favours Applicant prevailed
Supports equitable consideration against harsh credit denial
From the decision · page 5At the same time, there is no evidence that the applicant acted in bad faith
in accepting temporary disability benefits beyond the 104-week statutory
cap.
(Report, pp. 1-5.)