Kwikset/Emhart v. Mayberry

The issue is whether an Order of a three judge panel of the Workers’ Compensation Court modifying a trial judge’s earlier Order may be sustained in the absence of a Designation of Record accompanying the initial appeal from the trial judge to the three judge panel. My conclusion is that the appealing parties have failed to show that such an instrument was essential to the validity of the three judge panel’s Order. The panel’s Order favoring claimant in this case should be sustained.

The trial judge found that Patricia May-berry sustained a compensable injury to her left arm and left hand. She…