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Regular DecisionReconsideration

JESSE SUMABAT vs. CALIFORNIA HIGHWAY PATROL

Filed: Jul 08, 2013
San Francisco
ADJ1036120 (SDO 0330367)

CompFox AI Summary

This case concerns whether the applicant's valley fever is an "insidious, progressive disease" for which jurisdiction over permanent disability can be reserved. The WCAB granted reconsideration, rescinded the initial award, and returned the matter to the trial level. This is because the medical evidence regarding the progressive nature of the applicant's condition was contradictory and required further development. The Board emphasized that the determination of a progressive disease must be supported by substantial medical evidence stating medical probability.

Full Decision Text1 Pages

This case concerns whether the applicant's valley fever is an "insidious, progressive disease" for which jurisdiction over permanent disability can be reserved. The WCAB granted reconsideration, rescinded the initial award, and returned the matter to the trial level. This is because the medical evidence regarding the progressive nature of the applicant's condition was contradictory and required further development. The Board emphasized that the determination of a progressive disease must be supported by substantial medical evidence stating medical probability.

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JESSE SUMABAT vs. CALIFORNIA HIGHWAY PATROL (2013) – San Francisco | CompFox