AI Generated Opinion Summaries

Decision Information

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • A worker sustained neck and bilateral shoulder injuries and sought workers' compensation benefits. The Workers' Compensation Judge (WCJ) found the employer responsible for reasonable and necessary medical care related to these injuries and granted the worker temporary total disability benefits up until a specified date, with further determination of benefits, including temporary and permanent disability benefits, deferred pending an independent medical examination (para 1).

Procedural History

  • Appeal from the Workers’ Compensation Administration, Terry S. Kramer, Workers’ Compensation Judge.

Parties' Submissions

  • Worker-Appellee: Argued that the employer is responsible for reasonable and necessary medical care related to the worker's neck and bilateral shoulder injuries and sought temporary total disability benefits (N/A).
  • Employer/Insurer-Appellant: Opposed the WCJ's compensation order and filed a memorandum in opposition to the Court's notice of proposed disposition, arguing against the dismissal of their appeal (paras 1-3).

Legal Issues

  • Whether the WCJ's compensation order constitutes a final, appealable order (para 2).

Disposition

  • The appeal was dismissed for lack of a final, appealable order (para 4).

Reasons

  • Per Michael E. Vigil, J. (Cynthia A. Fry, J., and Linda M. Vanzi, J., concurring): The Court proposed to dismiss the appeal due to the absence of a final, appealable order. Despite the Employer's memorandum in opposition, which cited legal framework for determining finality and argued that the WCJ's order contained decretal language making it appealable, the Court remained unconvinced that the order fully disposed of all issues between the parties. The Employer's memorandum failed to point out specific errors in fact or law in the Court's notice of proposed disposition. Consequently, the Court dismissed the appeal, aligning with the principle that an appeal requires a final order that resolves all issues presented to the judge (paras 2-4).
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