CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Award, and returned the case to the trial level for further proceedings. The Board found that the WCJ erred by relying on the treating physician's report without ensuring it was based on substantial evidence, as it did not review all relevant records. Additionally, the Board found that the issue of temporary disability and attorney's fees was improperly awarded without considering the applicant's wage continuation payments. The matter is remanded for the treating physician to review all evidence and for further proceedings regarding compensability and potential credit for wage continuation.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Award, and returned the case to the trial level for further proceedings. The Board found that the WCJ erred by relying on the treating physician's report without ensuring it was based on substantial evidence, as it did not review all relevant records. Additionally, the Board found that the issue of temporary disability and attorney's fees was improperly awarded without considering the applicant's wage continuation payments. The matter is remanded for the treating physician to review all evidence and for further proceedings regarding compensability and potential credit for wage continuation.
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