What the panel ordered
Petition for reconsideration granted; Findings and Order amended to defer findings as to AOE/COE for all claimed body parts pending further development of the record; matter returned to trial level for further proceedings.
Petition for reconsideration filed by defendant TBS Foods, Inc. challenging the finding of injury arising out of and in the course of employment (AOE/COE) to applicant's psyche; WCJ recommended denial of reconsideration; Board amends the Findings and Order to defer finding of compensable injury pending further development of the record.
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 Board found insufficient evidence to determine whether the psyche injury arose out of and in the course of employment with both JITB and TBS, noting the need for further development of the record to clarify employment periods and injury causation.
From the decision · page 5Confronted with medical and testimonial evidence appearing to indicate that neither applicant nor the QME seems to have believed that applicant's psyche injury had any significant relationship to her employment for TBS, we therefore believe it was incumbent on the WCJ to defer the determination of whether applicant sustained any psyche injury AOE/COE, pending resolution of the issue raised by that testimony.