What the panel ordered
The Petition for Reconsideration is dismissed as premature and the matter is returned to the trial level for further proceedings treating the Petition as one to set aside the Stipulations and Award.
Applicant filed a Petition for Reconsideration of the March 30, 2023 Award approving the Stipulations with Request for Award. The WCJ recommended dismissal of the Petition and treating it as a petition to set aside the Stipulations and Award.
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 Petition for Reconsideration was dismissed as premature because there was no admitted evidence in the record regarding applicant's allegations and the WCJ was not aware of the petitions at the time of the Stipulations approval.
From the decision · page 4Applicant contends that she was misinformed by her attorney, and that defense counsel improperly obtained a second PQME and interfered with her medical treatment. However, there is no testimony nor evidence in the record regarding applicant's allegations. Additionally, as noted by the WCJ in her Report, the WCJ was not aware of applicant's Petition for Judge Review or applicant's attorney's Petition to be Relieved as Attorney of Record at the time she approved the Stipulations.