CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, remanding the case for further development of the medical record. The Board found that the administrative law judge and medical evaluator may have applied an incorrect legal standard regarding industrial causation for the applicant's hypertension and stroke. Specifically, the focus on whether work stress was "unusual" or "severe" was misplaced; the correct standard requires determining if subjectively perceived work stress was a contributing factor to the physical injury. The Board emphasized its duty to ensure substantial justice and develop the record when medical evidence is insufficient.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, remanding the case for further development of the medical record. The Board found that the administrative law judge and medical evaluator may have applied an incorrect legal standard regarding industrial causation for the applicant's hypertension and stroke. Specifically, the focus on whether work stress was "unusual" or "severe" was misplaced; the correct standard requires determining if subjectively perceived work stress was a contributing factor to the physical injury. The Board emphasized its duty to ensure substantial justice and develop the record when medical evidence is insufficient.
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