CompFox AI Summary
The Workers' Compensation Appeals Board rescinded the prior findings and award and returned the case to the trial level due to insufficient medical evidence regarding apportionment of permanent disability. Both medical examiners failed to provide adequate explanations for their apportionment conclusions between multiple dates of injury and a cumulative trauma. The Board noted the duty to develop the record when medical evidence is insufficient to ensure substantial justice. Further proceedings will address applicant's contentions, including potential additional dates of injury and the timeliness of claims.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded the prior findings and award and returned the case to the trial level due to insufficient medical evidence regarding apportionment of permanent disability. Both medical examiners failed to provide adequate explanations for their apportionment conclusions between multiple dates of injury and a cumulative trauma. The Board noted the duty to develop the record when medical evidence is insufficient to ensure substantial justice. Further proceedings will address applicant's contentions, including potential additional dates of injury and the timeliness of claims.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.