CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, finding their arguments about the applicant's medical expert's reporting unsubstantiated. However, the Board granted the applicant's petition, rescinding the previous award. This action was taken because the applicant was denied due process by the concurrent service of the decision and the Disability Evaluator's report, which prevented her from cross-examining the rater. The case is returned for further proceedings and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, finding their arguments about the applicant's medical expert's reporting unsubstantiated. However, the Board granted the applicant's petition, rescinding the previous award. This action was taken because the applicant was denied due process by the concurrent service of the decision and the Disability Evaluator's report, which prevented her from cross-examining the rater. The case is returned for further proceedings and a new decision.
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