Nancy Arnold, a teacher, sustained an industrial injury on August 20, 2019 when an autistic child head-butted her, causing injuries to her head, neck, and claimed psychiatric disability. After settling with her employer via C&R (which excluded psyche), she sought SIBTF benefits. The WCJ found applicant met the SIBTF threshold and reached 100% permanent total disability by adding her disabilities. SIBTF petitioned for reconsideration, arguing the WCJ failed to make findings on prior and subsequent disability and psyche causation, improperly added rather than combined disabilities, and that the C&R barred the psyche claim. The Board granted reconsideration, rescinded the F&A, and remanded for further proceedings because the WCJ made no finding on psyche causation, the medical record lacked a Rolda-compliant analysis, the CVC was improperly bypassed without rebuttal evidence, and the C&R did not preclude the psyche claim because SIBTF was not a party and psyche was excluded from settlement.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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