CompFox AI Summary
This case involves a firefighter claiming industrial injury to his jaw and tonsil cancer, with the initial finding supporting the presumption of injury. The defendant sought reconsideration, arguing that the WCJ improperly relied on medical opinions obtained after discovery closure and in violation of physician selection procedures. The Appeals Board granted reconsideration, rescinded the initial findings, and returned the matter for further proceedings due to procedural errors in admitting key medical evidence. The Board emphasized that evidence obtained after discovery closure and potentially exceeding applicant's rights under Labor Code section 4062.1(e) should not have been admitted.
Full Decision Text1 Pages
This case involves a firefighter claiming industrial injury to his jaw and tonsil cancer, with the initial finding supporting the presumption of injury. The defendant sought reconsideration, arguing that the WCJ improperly relied on medical opinions obtained after discovery closure and in violation of physician selection procedures. The Appeals Board granted reconsideration, rescinded the initial findings, and returned the matter for further proceedings due to procedural errors in admitting key medical evidence. The Board emphasized that evidence obtained after discovery closure and potentially exceeding applicant's rights under Labor Code section 4062.1(e) should not have been admitted.
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