CompFox AI Summary
The Appeals Board dismissed the defendant's Petition for Removal and affirmed the prior award, which found the applicant sustained an industrial psychiatric injury. The Board found that the defendant failed to establish the necessary elements for judicial estoppel, as the applicant's assertions in VA proceedings and this workers' compensation case were not totally inconsistent concerning causation. Consequently, the applicant is entitled to workers' compensation benefits for his industrial injury, and there is no issue of double recovery.
Full Decision Text1 Pages
The Appeals Board dismissed the defendant's Petition for Removal and affirmed the prior award, which found the applicant sustained an industrial psychiatric injury. The Board found that the defendant failed to establish the necessary elements for judicial estoppel, as the applicant's assertions in VA proceedings and this workers' compensation case were not totally inconsistent concerning causation. Consequently, the applicant is entitled to workers' compensation benefits for his industrial injury, and there is no issue of double recovery.
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