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The Workers' Compensation Appeals Board rescinded prior findings and returned the case for further development of the record. The Board found that while Dr. Swartz's report was admissible, it did not constitute substantial evidence as it did not adequately address causation for the claimed cumulative injury. Furthermore, the Board determined that Dr. Brourman's opinion was not substantial evidence because it relied on an inaccurate understanding of the applicant's work duties, contradicting credible applicant testimony. The case is being remanded to allow parties to provide Dr. Brourman with a corrected job description and obtain a supplemental report on the cumulative injury claim.
GARY BULLARD vs. EXCALIBUR WELL SERVICES, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA is a workers' compensation case decided in Bakersfield. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Bakersfield.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded prior findings and returned the case for further development of the record. The Board found that while Dr. Swartz's report was admissible, it did not constitute substantial evidence as it did not adequately address causation for the claimed cumulative injury. Furthermore, the Board determined that Dr. Brourman's opinion was not substantial evidence because it relied on an inaccurate understanding of the applicant's work duties, contradicting credible applicant testimony. The case is being remanded to allow parties to provide Dr. Brourman with a corrected job description and obtain a supplemental report on the cumulative injury claim.
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