CompFox AI Summary
The Appeals Board granted reconsideration and rescinded the prior award finding the applicant 100% permanently disabled. This was because the vocational rehabilitation counselor's opinion, which formed the basis for the disability finding, relied on speculative expert testimony regarding the applicant's psychological condition. The Board found this testimony unsubstantiated and returned the case for further proceedings to properly develop the record on the applicant's permanent disability. The issue of Labor Code section 4056, regarding unreasonable refusal of medical treatment, was also deferred.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded the prior award finding the applicant 100% permanently disabled. This was because the vocational rehabilitation counselor's opinion, which formed the basis for the disability finding, relied on speculative expert testimony regarding the applicant's psychological condition. The Board found this testimony unsubstantiated and returned the case for further proceedings to properly develop the record on the applicant's permanent disability. The issue of Labor Code section 4056, regarding unreasonable refusal of medical treatment, was also deferred.
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