CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to reverse a judge's award of increased permanent disability benefits. The original award found applicant sustained a psychiatric injury as a consequence of his orthopedic injury, relying on a QME's report. However, the Board found the psychiatric QME's report lacked substantial evidence, failing to adequately address non-industrial factors and industrial causation requirements under Labor Code section 3208.3. Consequently, the Board reversed the award, denying applicant's petition to reopen for new and further disability, including psychiatric injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to reverse a judge's award of increased permanent disability benefits. The original award found applicant sustained a psychiatric injury as a consequence of his orthopedic injury, relying on a QME's report. However, the Board found the psychiatric QME's report lacked substantial evidence, failing to adequately address non-industrial factors and industrial causation requirements under Labor Code section 3208.3. Consequently, the Board reversed the award, denying applicant's petition to reopen for new and further disability, including psychiatric injury.
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