CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) affirmed a May 2, 2023 Findings of Fact and Award, which found that applicant Luis Lomeli sustained an industrial psychiatric injury while employed by the County of Los Angeles. The defendant had sought reconsideration, contending errors in admitting a treating physician's report and not admitting a Labor Code section 4600 letter, and arguing the physician's report failed to address whether the injury was substantially caused by lawful personnel action. The WCAB, adopting the WCJ's report, concluded that the defendant failed to meet its burden of proving the affirmative defense under Labor Code § 3208.3(h) and that there was no denial of due process in admitting the challenged medical reports.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) affirmed a May 2, 2023 Findings of Fact and Award, which found that applicant Luis Lomeli sustained an industrial psychiatric injury while employed by the County of Los Angeles. The defendant had sought reconsideration, contending errors in admitting a treating physician's report and not admitting a Labor Code section 4600 letter, and arguing the physician's report failed to address whether the injury was substantially caused by lawful personnel action. The WCAB, adopting the WCJ's report, concluded that the defendant failed to meet its burden of proving the affirmative defense under Labor Code § 3208.3(h) and that there was no denial of due process in admitting the challenged medical reports.
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