CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, finding the applicant was denied due process regarding temporary disability indemnity. The Board determined this issue was not properly raised at trial, preventing the defendant from presenting a defense. Additionally, the Board found the judge's dismissal of a QME's reports as unsubstantial evidence was unsupported by the record. The case is returned to the trial level for further development of the record and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, finding the applicant was denied due process regarding temporary disability indemnity. The Board determined this issue was not properly raised at trial, preventing the defendant from presenting a defense. Additionally, the Board found the judge's dismissal of a QME's reports as unsubstantial evidence was unsupported by the record. The case is returned to the trial level for further development of the record and a new decision.
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