CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an injury sustained by applicant Faith Latimer. The defendant sought to introduce new evidence of a subsequent injury and diagnostic testing, claiming it impacted applicant's credibility and the prior decision. However, the Board found the defendant failed to meet the requirements for newly discovered evidence under WCAB Rule 10856, as they did not demonstrate how the evidence could not have been discovered earlier or its effect on the prior findings. The Board concluded the new evidence would not alter the decision awarding temporary disability and medical treatment for the initial injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an injury sustained by applicant Faith Latimer. The defendant sought to introduce new evidence of a subsequent injury and diagnostic testing, claiming it impacted applicant's credibility and the prior decision. However, the Board found the defendant failed to meet the requirements for newly discovered evidence under WCAB Rule 10856, as they did not demonstrate how the evidence could not have been discovered earlier or its effect on the prior findings. The Board concluded the new evidence would not alter the decision awarding temporary disability and medical treatment for the initial injury.
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