CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case to trial. The Board found the trial judge erred by ordering spinal surgery without allowing the defendant to properly challenge industrial causation, violating due process and relevant Labor Code sections. The defendant was entitled to pursue the AME/QME process to determine if the need for surgery was industrially caused, not just medically indicated.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case to trial. The Board found the trial judge erred by ordering spinal surgery without allowing the defendant to properly challenge industrial causation, violating due process and relevant Labor Code sections. The defendant was entitled to pursue the AME/QME process to determine if the need for surgery was industrially caused, not just medically indicated.
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