CompFox AI Summary
The Workers' Compensation Appeals Board denied ETS Express, Inc.'s petition for reconsideration of an award of temporary disability benefits. The employer argued the applicant was not entitled to benefits because he refused modified work and had reached maximum medical improvement (MMI). The Board found that the medical report relied upon by the defendant was not conclusive on MMI, as it indicated potential future interventional treatment. Therefore, the Board adopted the WCJ's finding that the applicant sustained an industrial injury and is entitled to ongoing temporary disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied ETS Express, Inc.'s petition for reconsideration of an award of temporary disability benefits. The employer argued the applicant was not entitled to benefits because he refused modified work and had reached maximum medical improvement (MMI). The Board found that the medical report relied upon by the defendant was not conclusive on MMI, as it indicated potential future interventional treatment. Therefore, the Board adopted the WCJ's finding that the applicant sustained an industrial injury and is entitled to ongoing temporary disability.
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