What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by Defendant Benchmark Insurance Company for Illinois Midwest Insurance Company challenging the Findings and Award issued on 4-28-22, following record development and supplemental reports from QME Dr. Lee Silver and PTP Dr. Mark Spoonamore.
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 found the reports of Dr. Spoonamore to be better reasoned, more persuasive, and substantial evidence supporting industrial causation of the cervical spine injury, while Dr. Silver's reports lacked persuasive and credible medical reasoning and were not substantial evidence.
From the decision · page 4Upon very close scrutiny of the complex and voluminous complete medical record submitted before and after development of the record, with the trial briefs submitted, the undersigned found the reports of Dr. Mark Spoonamore, read with his deposition transcript, are the better reasoned and more persuasive.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.