CompFox AI Summary
The WCAB granted reconsideration, rescinded the WCJ's decisions, and returned the case for further proceedings. The Board found the WCJ's reliance on a defense QME's opinion regarding apportionment of psychiatric disability was not supported by substantial evidence. Specifically, the QME failed to adequately explain the basis for his apportionment of 25% to non-industrial factors and his change in opinion from prior reports. The Board ordered further development of the record, including potentially appointing a regular physician under Labor Code section 5701, to address complex medical issues.
Full Decision Text1 Pages
The WCAB granted reconsideration, rescinded the WCJ's decisions, and returned the case for further proceedings. The Board found the WCJ's reliance on a defense QME's opinion regarding apportionment of psychiatric disability was not supported by substantial evidence. Specifically, the QME failed to adequately explain the basis for his apportionment of 25% to non-industrial factors and his change in opinion from prior reports. The Board ordered further development of the record, including potentially appointing a regular physician under Labor Code section 5701, to address complex medical issues.
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