CompFox AI Summary
The Workers' Compensation Appeals Board denied defendant's petition for reconsideration, affirming the Administrative Law Judge's (ALJ) award of temporary disability benefits exceeding the 104-week cap. The Board found sufficient evidence, including applicant's testimony, to establish a "high velocity eye injury" under Labor Code section 4656(c)(3)(F). The Board reasoned that a reasonable inference could be drawn from the applicant's description of hitting a nail that splintered, striking his eye at high velocity. Defendant's arguments regarding the applicant's inability to identify the object or its speed, and a post-trial QME report, were rejected.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied defendant's petition for reconsideration, affirming the Administrative Law Judge's (ALJ) award of temporary disability benefits exceeding the 104-week cap. The Board found sufficient evidence, including applicant's testimony, to establish a "high velocity eye injury" under Labor Code section 4656(c)(3)(F). The Board reasoned that a reasonable inference could be drawn from the applicant's description of hitting a nail that splintered, striking his eye at high velocity. Defendant's arguments regarding the applicant's inability to identify the object or its speed, and a post-trial QME report, were rejected.
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