CompFox AI Summary
The WCAB granted reconsideration of a decision denying a workers' compensation claim for respiratory issues. While the sole medical expert found the aspergillosis to be industrial, the judge deemed the opinion lacking substantial evidence due to vagueness. The Board found it unjust to penalize the applicant with a "take nothing" order when the opinion, though flawed, was unrebutted. Therefore, the case is remanded for further medical development, potentially with an expert more specialized in aspergillosis, to ensure substantial justice and a complete record.
Full Decision Text1 Pages
The WCAB granted reconsideration of a decision denying a workers' compensation claim for respiratory issues. While the sole medical expert found the aspergillosis to be industrial, the judge deemed the opinion lacking substantial evidence due to vagueness. The Board found it unjust to penalize the applicant with a "take nothing" order when the opinion, though flawed, was unrebutted. Therefore, the case is remanded for further medical development, potentially with an expert more specialized in aspergillosis, to ensure substantial justice and a complete record.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.