CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's injury presumptively compensable because the employer failed to deny the claim within 90 days of receiving the claim form. The Board determined the trial judge erred in concluding the applicant's testimony rebutted this presumption. Consequently, the Board found the applicant sustained industrial injury and remanded the case for further development of the record on all other issues, while upholding the exclusion of a specific medical report at this stage.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's injury presumptively compensable because the employer failed to deny the claim within 90 days of receiving the claim form. The Board determined the trial judge erred in concluding the applicant's testimony rebutted this presumption. Consequently, the Board found the applicant sustained industrial injury and remanded the case for further development of the record on all other issues, while upholding the exclusion of a specific medical report at this stage.
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