The Court dismissed an out-of-time application for judicial review of a Medical Panel's amended certificate of opinion under the WIRC Act, finding no special circumstances to extend time, no jurisdictional error or inadequacy of reasons, and that relief would be refused on discretionary grounds in any event. The Court held that the Panel's reasons, read fairly and as a whole, did not express the positive conclusion the plaintiff attributed to them regarding when the left hip injury materially contributed to incapacity, and that the Panel was not required to explain why it did not form an opinion it did not reach. The Court further held that the plaintiff's prior acquiescence in the Panel's original opinion (by stating 'the balance of the opinion stands' when seeking clarification of a different question) and its attempt to leverage an error adverse to the worker to reopen the entire determination warranted refusal of relief on discretionary grounds.
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