CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of an award finding a deputy sheriff sustained industrial hypertension, stroke, and heart disease. The defendant argued the medical evidence was insufficient for the presumption of industrial injury. The Board rescinded the award and remanded for further proceedings because the trial judge's order for further development of the record was untimely, but the judge's rationale for needing more evidence regarding potentially erroneous medical measurements was persuasive. Therefore, the case will return to the trial level for additional proceedings to ensure substantial evidence supports the findings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of an award finding a deputy sheriff sustained industrial hypertension, stroke, and heart disease. The defendant argued the medical evidence was insufficient for the presumption of industrial injury. The Board rescinded the award and remanded for further proceedings because the trial judge's order for further development of the record was untimely, but the judge's rationale for needing more evidence regarding potentially erroneous medical measurements was persuasive. Therefore, the case will return to the trial level for additional proceedings to ensure substantial evidence supports the findings.
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