CompFox AI Summary
The Appeals Board granted reconsideration and rescinded a WCJ's award of temporary disability benefits to the applicant from August 21, 2009, to the present. The defendant argued the WCJ erred as the Agreed Medical Evaluator (AME) stated temporary disability would commence approximately one year after surgery, not from the report date. The Board found the AME's opinion conditioned temporary disability on post-surgery status, thus not supporting the earlier award. The case is returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded a WCJ's award of temporary disability benefits to the applicant from August 21, 2009, to the present. The defendant argued the WCJ erred as the Agreed Medical Evaluator (AME) stated temporary disability would commence approximately one year after surgery, not from the report date. The Board found the AME's opinion conditioned temporary disability on post-surgery status, thus not supporting the earlier award. The case is returned to the trial level for further proceedings.
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