CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding that the Administrative Law Judge (ALJ) improperly rejected the treating physician's opinion. The Board disagreed with the ALJ's assessment that the treating physician lacked accurate historical information regarding the applicant's smoking and diabetes. Crucially, the central dispute concerns the causation of the applicant's stroke, with conflicting opinions from medical experts on the role of hypertension versus a congenital condition. The case is remanded for further proceedings, including potential appointment of a new medical examiner, to fully develop the evidence on complex medical causation issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding that the Administrative Law Judge (ALJ) improperly rejected the treating physician's opinion. The Board disagreed with the ALJ's assessment that the treating physician lacked accurate historical information regarding the applicant's smoking and diabetes. Crucially, the central dispute concerns the causation of the applicant's stroke, with conflicting opinions from medical experts on the role of hypertension versus a congenital condition. The case is remanded for further proceedings, including potential appointment of a new medical examiner, to fully develop the evidence on complex medical causation issues.
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