concurring in ■ part and dissenting in part:
I agree with my colleagues that rehearing should be granted and that the appeal should be dismissed as moot. I disagree, however, with the part of the order vacating our division opinion at 592 A.2d 1014. But for that decision remanding the case for further findings with respect to petitioner’s receipt of notice that his employer had filed its report with DOES, we would have affirmed the judgment. The opinion, now vacated, served as the basis for the remand and provided a sound analysis for doing so. The fact that, upon remand, facts were ascertained that preserved petitioner’s claim provides no basis, in my judgment, for vacating the opinion that made the remand — and ultimate result — possible.