What the panel ordered
Petition for reconsideration denied; the August 21, 2023 Findings and Order on Appeal of Administrative Director's IMR Determination is affirmed, rescinding the June 20, 2023 IMR determination and remanding for another IMR by a different reviewer.
Defendant petitioned for removal of the August 21, 2023 Findings and Order on Appeal of Administrative Director's IMR Determination, which rescinded the June 20, 2023 IMR determination and remanded for another IMR by a different reviewer. The WCJ prepared a Report and Recommendation denying removal, treating the petition as a petition for reconsideration.
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 removal was treated as a petition for reconsideration because the IMR determination is a final order on a threshold issue affecting benefits. The WCJ found clear and convincing evidence of plainly erroneous findings of fact in the June 20, 2023 IMR determination, justifying rescission and remand for a new IMR. The petition for reconsideration was denied because the defendant failed to show irreparable harm or substantial prejudice warranting removal.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.