CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an administrative law judge's (WCJ) finding that the record was insufficient to determine key issues, including permanent disability. The Board granted removal on its own motion, rescinded the WCJ's findings, and returned the matter to the trial level. This action was taken because the WCJ's order was not a final determination and the applicant bears the burden of proof for the disputed issues. The Board mandates a decision based on the existing evidence, noting the applicant's failure to pursue medical evaluations or provide testimony.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an administrative law judge's (WCJ) finding that the record was insufficient to determine key issues, including permanent disability. The Board granted removal on its own motion, rescinded the WCJ's findings, and returned the matter to the trial level. This action was taken because the WCJ's order was not a final determination and the applicant bears the burden of proof for the disputed issues. The Board mandates a decision based on the existing evidence, noting the applicant's failure to pursue medical evaluations or provide testimony.
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