CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of the administrative law judge's finding that applicant David Austin did not sustain an industrial injury. The applicant's claim that a presumption of compensability arose under Labor Code section 5402 was rejected because no evidence of a properly filed claim form was presented. Furthermore, the applicant's challenges to the Qualified Medical Evaluator's report, concerning permanent disability, apportionment, and the physician's specialty, were deemed irrelevant or unsubstantiated. Therefore, the Board affirmed the original order finding no industrial injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of the administrative law judge's finding that applicant David Austin did not sustain an industrial injury. The applicant's claim that a presumption of compensability arose under Labor Code section 5402 was rejected because no evidence of a properly filed claim form was presented. Furthermore, the applicant's challenges to the Qualified Medical Evaluator's report, concerning permanent disability, apportionment, and the physician's specialty, were deemed irrelevant or unsubstantiated. Therefore, the Board affirmed the original order finding no industrial injury.
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