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Defendant petitioned for reconsideration of the Findings of Fact and Award (F&A) issued July 8, 2025, which found 39% disability, contending the WCJ should have followed the parties' stipulation of 27% disability. The Appeals Board granted reconsideration, rescinded the F&A, and returned the case to the trial level for further proceedings. This decision was based on due process concerns, as the parties were not noticed in advance that their stipulation would not be followed. Additionally, the Board found the July 10, 2024, report from PQME Dr. Woodcox insufficient as substantial evidence on the issue of disability, necessitating further development of the record.
Full Decision Text1 Pages
Defendant petitioned for reconsideration of the Findings of Fact and Award (F&A) issued July 8, 2025, which found 39% disability, contending the WCJ should have followed the parties' stipulation of 27% disability. The Appeals Board granted reconsideration, rescinded the F&A, and returned the case to the trial level for further proceedings. This decision was based on due process concerns, as the parties were not noticed in advance that their stipulation would not be followed. Additionally, the Board found the July 10, 2024, report from PQME Dr. Woodcox insufficient as substantial evidence on the issue of disability, necessitating further development of the record.
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