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Applicant Salma Bashar, widow of deceased Md Hossain, sought reconsideration of a WCJ's Findings and Order which concluded that the decedent's death was not work-related. She contended that the WCJ erred by relying on the opinions of PQME Gerald Weingarten, M.D., asserting they lacked substantial medical evidence regarding causation. The Workers' Compensation Appeals Board granted the petition, finding Dr. Weingarten's opinions incomplete and speculative due to an inadequate record, including missing medical history and the autopsy report not being admitted into evidence. Consequently, the Board rescinded the prior order and returned the matter to the trial level for further proceedings, recommending additional development of the medical record.
Full Decision Text1 Pages
Applicant Salma Bashar, widow of deceased Md Hossain, sought reconsideration of a WCJ's Findings and Order which concluded that the decedent's death was not work-related. She contended that the WCJ erred by relying on the opinions of PQME Gerald Weingarten, M.D., asserting they lacked substantial medical evidence regarding causation. The Workers' Compensation Appeals Board granted the petition, finding Dr. Weingarten's opinions incomplete and speculative due to an inadequate record, including missing medical history and the autopsy report not being admitted into evidence. Consequently, the Board rescinded the prior order and returned the matter to the trial level for further proceedings, recommending additional development of the medical record.
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