CompFox AI Summary
The Appeals Board rescinded the prior Findings and Award and returned the case to the trial level for further proceedings. The Board found that while the applicant experienced pain and received medical treatment, there was insufficient evidence to establish a date of injury based on permanent disability. The matter is remanded to develop the record further, specifically to determine if the applicant suffered permanent disability at the time she received medical treatment and was placed on modified work. The WCJ should seek clarification from the treating physician on this issue and whether the applicant could have returned to unrestricted work.
Full Decision Text1 Pages
The Appeals Board rescinded the prior Findings and Award and returned the case to the trial level for further proceedings. The Board found that while the applicant experienced pain and received medical treatment, there was insufficient evidence to establish a date of injury based on permanent disability. The matter is remanded to develop the record further, specifically to determine if the applicant suffered permanent disability at the time she received medical treatment and was placed on modified work. The WCJ should seek clarification from the treating physician on this issue and whether the applicant could have returned to unrestricted work.
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