CompFox AI Summary
This case involves Frito-Lay/PepsiCo contesting a 61% permanent disability award and future medical treatment for applicant Tommy Seabrooks. The original award found injury including aggravation of a pre-existing hernia and claimed injuries to various systems. The Workers' Compensation Appeals Board (WCAB) rescinded the award due to a significant error in the Findings of Fact. Specifically, the WCAB found the judge did not make an express finding that applicant's claimed injuries arose out of and occurred in the course of employment. The matter is returned to the trial level for a new decision with an express finding on industrial injury.
Full Decision Text1 Pages
This case involves Frito-Lay/PepsiCo contesting a 61% permanent disability award and future medical treatment for applicant Tommy Seabrooks. The original award found injury including aggravation of a pre-existing hernia and claimed injuries to various systems. The Workers' Compensation Appeals Board (WCAB) rescinded the award due to a significant error in the Findings of Fact. Specifically, the WCAB found the judge did not make an express finding that applicant's claimed injuries arose out of and occurred in the course of employment. The matter is returned to the trial level for a new decision with an express finding on industrial injury.
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