CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings. The Board found that the administrative law judge's reliance on the opinion of Dr. Lustig regarding the applicant's psychological disability was not based on substantial medical evidence. The Board determined that Dr. Lustig's report lacked an adequate factual basis and did not sufficiently account for the applicant's post-injury employment. Further development of the medical record is required on the issue of psychological impairment, and the trial judge must reconsider all outstanding issues, including temporary and permanent disability indemnity.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings. The Board found that the administrative law judge's reliance on the opinion of Dr. Lustig regarding the applicant's psychological disability was not based on substantial medical evidence. The Board determined that Dr. Lustig's report lacked an adequate factual basis and did not sufficiently account for the applicant's post-injury employment. Further development of the medical record is required on the issue of psychological impairment, and the trial judge must reconsider all outstanding issues, including temporary and permanent disability indemnity.
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