CompFox AI Summary
The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter for further proceedings. The Board found the WCJ erred by drawing a negative inference and barring recovery based on the applicant's assertion of his Fifth Amendment privilege against self-incrimination regarding Social Security numbers. The Board determined this assertion does not inherently undermine credibility or the claim's legitimacy. Crucially, the parties had stipulated to an industrial injury to the applicant's back, but the WCJ's flawed reasoning prevented any determination on apportionment, making the decision incomplete.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter for further proceedings. The Board found the WCJ erred by drawing a negative inference and barring recovery based on the applicant's assertion of his Fifth Amendment privilege against self-incrimination regarding Social Security numbers. The Board determined this assertion does not inherently undermine credibility or the claim's legitimacy. Crucially, the parties had stipulated to an industrial injury to the applicant's back, but the WCJ's flawed reasoning prevented any determination on apportionment, making the decision incomplete.
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