CompFox AI Summary
The Appeals Board granted reconsideration and rescinded a WCJ's decision regarding applicant's cumulative trauma claim. Defendant argued it was denied due process as it was not afforded discovery or trial on this claim, having only agreed to submit issues regarding medical evidence discovery and Rule 30. The Board found the WCJ improperly ruled on the cumulative trauma claim's compensability, which was not limited to the agreed-upon discovery issues. The matter is returned to the trial level for further proceedings to ensure due process rights are met, including the defendant's right to discovery and trial.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded a WCJ's decision regarding applicant's cumulative trauma claim. Defendant argued it was denied due process as it was not afforded discovery or trial on this claim, having only agreed to submit issues regarding medical evidence discovery and Rule 30. The Board found the WCJ improperly ruled on the cumulative trauma claim's compensability, which was not limited to the agreed-upon discovery issues. The matter is returned to the trial level for further proceedings to ensure due process rights are met, including the defendant's right to discovery and trial.
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