What the panel ordered
Third Findings of Fact, Order and Opinion on Decision dated November 3, 2020, rescinded; matter returned to trial level for further proceedings
Petition for Reconsideration filed by guardian ad litem after minor reached age of majority; WCJ's prior Findings of Fact, Order and Opinion on Decision rescinded and matter returned for further proceedings
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 was not adequately developed to determine the appropriate weekly rate of payment; the WCJ's prior finding that all payments were made was not sufficiently explained and was rescinded for further proceedings.
From the decision · page 6Irrespective of these agreements, the parties proceeded to trial on July 10, 2018, framing the issue of clarification and enforcement of the Stipulated Award of January 8, 2008. (Minutes of Hearing, July 10, 2018, at 3:4.) The WCJ's September 7, 2018 Findings of Fact, Order, and Opinion on Decision explained that the original Stipulated Award provided was clear in its intended provision of benefits to be paid to the guardian ad litem until Destiny's 18th birthday. Based on this unequivocal language, the WCJ ordered that the UEBTF continue to pay the weekly death benefit to applicant until her 18th birthday, without regard to the commutation of attorney fees. (Findings of Fact, Order and Opinion on Decision, September 7, 2018, p. 2.)