CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award. The Board found the WCJ erred in applying Labor Code section 3208.3 to psychiatric injury claims, as it requires demonstrating predominant cause from employment events for post-termination claims. Furthermore, the Board ruled that a medical report was not substantial evidence as it lacked sufficient reasoning. The case is remanded for further proceedings to develop the record on the issue of predominant cause and clarify injury dates.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award. The Board found the WCJ erred in applying Labor Code section 3208.3 to psychiatric injury claims, as it requires demonstrating predominant cause from employment events for post-termination claims. Furthermore, the Board ruled that a medical report was not substantial evidence as it lacked sufficient reasoning. The case is remanded for further proceedings to develop the record on the issue of predominant cause and clarify injury dates.
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