CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the original award, finding the primary treating physician's (PTP) report insufficient to establish injury to all claimed body parts. The WCAB also raised concerns about the admissibility of a supplemental PTP report obtained after the Mandatory Settlement Conference without a showing of due diligence. The case is returned to the trial level for further proceedings to adequately address the admitted body parts and develop the record. A dissenting opinion argued the PTP's reports constituted substantial evidence and no further development was needed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the original award, finding the primary treating physician's (PTP) report insufficient to establish injury to all claimed body parts. The WCAB also raised concerns about the admissibility of a supplemental PTP report obtained after the Mandatory Settlement Conference without a showing of due diligence. The case is returned to the trial level for further proceedings to adequately address the admitted body parts and develop the record. A dissenting opinion argued the PTP's reports constituted substantial evidence and no further development was needed.
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