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The Workers' Compensation Appeals Board rescinded a previous decision that found the applicant did not sustain an industrial injury to his right leg. The Board returned the case to the trial level due to an inadequate record, as the Workers' Compensation Judge failed to prepare necessary documentation and admit key evidence. Furthermore, the Board noted that medical evidence is required to establish causation for repetitive traumatic injuries, and lay testimony alone is insufficient for this determination. Therefore, further proceedings are necessary to develop both the factual and medical records before a new decision can be rendered.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded a previous decision that found the applicant did not sustain an industrial injury to his right leg. The Board returned the case to the trial level due to an inadequate record, as the Workers' Compensation Judge failed to prepare necessary documentation and admit key evidence. Furthermore, the Board noted that medical evidence is required to establish causation for repetitive traumatic injuries, and lay testimony alone is insufficient for this determination. Therefore, further proceedings are necessary to develop both the factual and medical records before a new decision can be rendered.
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