CompFox AI Summary
The Appeals Board granted reconsideration to allow further development of the medical record regarding the applicant's claim of psychiatric injury. The Board found that the administrative law judge erred by conflating the causation of psychiatric injury with the apportionment of orthopedic disability. The applicant must prove that actual work events were the predominant cause of his psychiatric injury, a standard distinct from the apportionment of permanent disability. The Board also noted a due process violation regarding the applicant's right to cross-examine the disability rater.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to allow further development of the medical record regarding the applicant's claim of psychiatric injury. The Board found that the administrative law judge erred by conflating the causation of psychiatric injury with the apportionment of orthopedic disability. The applicant must prove that actual work events were the predominant cause of his psychiatric injury, a standard distinct from the apportionment of permanent disability. The Board also noted a due process violation regarding the applicant's right to cross-examine the disability rater.
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