Fractious, Erika

Applicant Erika Fractious sought reconsideration of a July 14, 2023 F&O finding she did not sustain injury to her psyche, upper extremities, and shoulders, and denying her request for an additional psychiatric QME panel. The Board first addressed timeliness, finding service of the F&O was defective because the WCJ improperly designated defense counsel to serve the decision (violating Rule 10628) and the courtesy copy was mailed to the wrong apartment number; thus the petition was treated as timely. On the merits, the Board found the WCJ erred in denying an additional psychiatric panel on grounds that no psyche injury was alleged and that applicant failed to prosecute, because the application did in fact plead a psyche claim and failure to prosecute was not framed as a trial issue. The Board also held that determining the panel issue at the same hearing as the substantive psyche injury denied applicant due process by foreclosing discovery. The Board granted reconsideration, rescinded the F&O, affirmed findings of no injury to upper extremities/shoulders and no untimely or bad faith denial, deferred the psyche and panel issues, and returned the matter to the trial level for development of the record.