CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior finding, and remanded the case. Defendant argued the current claim for fatigue was duplicative of a prior claim with an open stipulated award for fatigue. The Board found the previous Compromise and Release did not resolve the fatigue injury, potentially allowing the new application to be treated as a petition for new and further disability. The matter was returned to the trial level for the judge to determine if the application should be construed as such.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior finding, and remanded the case. Defendant argued the current claim for fatigue was duplicative of a prior claim with an open stipulated award for fatigue. The Board found the previous Compromise and Release did not resolve the fatigue injury, potentially allowing the new application to be treated as a petition for new and further disability. The matter was returned to the trial level for the judge to determine if the application should be construed as such.
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