CompFox AI Summary
This case concerns Manuel Osuna's workers' compensation claim against Ameripride Services Inc. for a back injury sustained while pushing a heavy cart. The defendant petitioned for reconsideration, arguing the Administrative Law Judge (ALJ) erred by relying on a preliminary medical report and admitting the treating physician's report. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the ALJ's reasoning. The WCAB also dismissed the petition for removal as reconsideration is the proper remedy for challenging a final order. The ALJ's report detailed why the evidence supported a finding of industrial injury, distinguishing the applicant's specific incident from prior cases cited by the defendant.
Full Decision Text1 Pages
This case concerns Manuel Osuna's workers' compensation claim against Ameripride Services Inc. for a back injury sustained while pushing a heavy cart. The defendant petitioned for reconsideration, arguing the Administrative Law Judge (ALJ) erred by relying on a preliminary medical report and admitting the treating physician's report. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the ALJ's reasoning. The WCAB also dismissed the petition for removal as reconsideration is the proper remedy for challenging a final order. The ALJ's report detailed why the evidence supported a finding of industrial injury, distinguishing the applicant's specific incident from prior cases cited by the defendant.
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