Presented is a decision that is affirmed in part, and reversed and remanded on the second prong. The court, finding that the lower court (Workers’ comp) exceeded its scope in awarding and finding decisions based on premature, or outside of the scope claims. In particular, that the lower court either or collectively, failed to address the claims by Cosmetic Essence, LLC, or reviewed the claim of fraud on the part of Nestor Moran.
Found below is a notable quote.
“The second prong of Cosmetic’s attack concerns the doctor’s notation in his file that Moran “was shoveling snow and developed severe low back pain with right leg radiation.” Cosmetic waves this note about as if it were a smoking gun compelling a rejection of the judge’s findings. “