CompFox AI Summary
The WCAB granted reconsideration, rescinded the previous decision, and returned the case to the trial level for further proceedings. The Board found the deposition transcript of the Agreed Medical Examiner, Dr. Markovitz, should have been admitted into evidence. Crucially, the record lacked substantial evidence to determine the date(s) of injury for the applicant's Valley Fever and alleged heart condition. Additionally, the Board noted Valley Fever likely qualifies for the Labor Code Section 3212.10 pneumonia presumption.
Full Decision Text1 Pages
The WCAB granted reconsideration, rescinded the previous decision, and returned the case to the trial level for further proceedings. The Board found the deposition transcript of the Agreed Medical Examiner, Dr. Markovitz, should have been admitted into evidence. Crucially, the record lacked substantial evidence to determine the date(s) of injury for the applicant's Valley Fever and alleged heart condition. Additionally, the Board noted Valley Fever likely qualifies for the Labor Code Section 3212.10 pneumonia presumption.
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