CompFox AI Summary
The Appeals Board granted reconsideration and reversed the trial judge's finding of no industrial injury. The Board found that the applicant sustained a cumulative injury to his right upper extremity, supported by the unrebutted medical opinion of a Qualified Medical Examiner. Compensation is not barred by the post-termination defense as the date of injury, per Labor Code Section 5412, occurred after the applicant's termination date. The case is returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and reversed the trial judge's finding of no industrial injury. The Board found that the applicant sustained a cumulative injury to his right upper extremity, supported by the unrebutted medical opinion of a Qualified Medical Examiner. Compensation is not barred by the post-termination defense as the date of injury, per Labor Code Section 5412, occurred after the applicant's termination date. The case is returned to the trial level for further proceedings.
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