CompFox AI Summary
The WCAB granted reconsideration and modified a prior award, ordering a new Qualified Medical Examiner (QME) panel due to the defendant's procedural violations in submitting records. Specifically, the defendant failed to provide the applicant with timely notice and a log of non-medical records sent to the QME, thereby violating Labor Code section 4062.3 and Rule 35(c). The Board also amended the temporary disability indemnity award, deferring claims for disability after June 22, 2012, due to a lack of current medical evidence supporting ongoing temporary total disability. Commissioner Brass dissented on the temporary disability issue, finding applicant testimony sufficient to support an ongoing award.
Full Decision Text1 Pages
The WCAB granted reconsideration and modified a prior award, ordering a new Qualified Medical Examiner (QME) panel due to the defendant's procedural violations in submitting records. Specifically, the defendant failed to provide the applicant with timely notice and a log of non-medical records sent to the QME, thereby violating Labor Code section 4062.3 and Rule 35(c). The Board also amended the temporary disability indemnity award, deferring claims for disability after June 22, 2012, due to a lack of current medical evidence supporting ongoing temporary total disability. Commissioner Brass dissented on the temporary disability issue, finding applicant testimony sufficient to support an ongoing award.
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