CompFox AI Summary
The defendant sought reconsideration of an award finding industrial injury to the applicant's cervical spine and psyche, in addition to admitted injuries, and awarding temporary disability. The defendant argued the temporary disability award was improper as the psychologist relied upon by the judge did not review orthopedic records, and that EDD benefits should be credited. The WCJ conceded the temporary disability finding lacked substantial evidence, agreeing the psychologist's opinion was insufficient due to lack of review of the orthopedic records. The Appeals Board granted reconsideration, adopting the WCJ's recommendation to limit temporary disability to the period found by the orthopedic QME. A dissenting opinion argued that substantial evidence, including the primary treating physician's reports, supported the initial temporary disability award.
Full Decision Text1 Pages
The defendant sought reconsideration of an award finding industrial injury to the applicant's cervical spine and psyche, in addition to admitted injuries, and awarding temporary disability. The defendant argued the temporary disability award was improper as the psychologist relied upon by the judge did not review orthopedic records, and that EDD benefits should be credited. The WCJ conceded the temporary disability finding lacked substantial evidence, agreeing the psychologist's opinion was insufficient due to lack of review of the orthopedic records. The Appeals Board granted reconsideration, adopting the WCJ's recommendation to limit temporary disability to the period found by the orthopedic QME. A dissenting opinion argued that substantial evidence, including the primary treating physician's reports, supported the initial temporary disability award.
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