What the panel ordered
The Findings and Award of August 13, 2020 is rescinded, and the matter is returned to the trial level for further proceedings and a new decision by the WCJ.
The Appeals Board granted reconsideration and rescinded the Findings and Award of August 13, 2020, returning the matter to the trial level for further proceedings and a new decision by the WCJ.
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 issue of credit for unemployment benefits was not fully addressed at trial and requires further opportunity for the parties to address it in new proceedings.
From the decision · page 2Regarding the issue of credit for unemployment benefits paid by the State of Texas, we note that the issue was not specifically raised at trial on May 4, 2020, when the parties entered into what they apparently believed was a complete framing of the issues. In the interest of due process, we believe the parties should have further opportunity to fully address the issue of credit. (Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284, 1295 [66