Home/Case Law/RICHARD LOWE vs. SAN MATEO COUNTY TRANSIT DISTRICT
Regular DecisionReconsideration

RICHARD LOWE vs. SAN MATEO COUNTY TRANSIT DISTRICT

Filed: Oct 05, 2020
Stockton
ADJ9897222

CompFox AI Summary

The Appeals Board granted the defendant's petition for reconsideration, rescinding the original Findings of Fact and Award. This decision stems from concerns that the primary medical examiner's (QME Dr. Rose) reports lacked substantial evidence, containing speculative conclusions and insufficient reasoning regarding the applicant's injuries and apportionment. The matter is returned to the WCJ for further proceedings to develop the medical record, potentially through an agreed medical examiner or court-appointed physician, before a new decision is issued.

Full Decision Text1 Pages

The Appeals Board granted the defendant's petition for reconsideration, rescinding the original Findings of Fact and Award. This decision stems from concerns that the primary medical examiner's (QME Dr. Rose) reports lacked substantial evidence, containing speculative conclusions and insufficient reasoning regarding the applicant's injuries and apportionment. The matter is returned to the WCJ for further proceedings to develop the medical record, potentially through an agreed medical examiner or court-appointed physician, before a new decision is issued.

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RICHARD LOWE vs. SAN MATEO COUNTY TRANSIT DISTRICT (2020) – Stockton | CompFox