CompFox AI Summary
The Workers' Compensation Appeals Board granted the employer's Petition for Removal, rescinding the WCJ's decision to further develop the record. The Board found that the applicant's request to gather additional medical evidence after the Mandatory Settlement Conference was untimely and lacked a showing of due diligence, as per Labor Code section 5502(d)(3). Furthermore, the WCJ's proposed theory of compensability appeared to diverge from the applicant's stipulated cumulative trauma claim. The case was returned for a decision based on the existing record.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the employer's Petition for Removal, rescinding the WCJ's decision to further develop the record. The Board found that the applicant's request to gather additional medical evidence after the Mandatory Settlement Conference was untimely and lacked a showing of due diligence, as per Labor Code section 5502(d)(3). Furthermore, the WCJ's proposed theory of compensability appeared to diverge from the applicant's stipulated cumulative trauma claim. The case was returned for a decision based on the existing record.
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