CompFox AI Summary
The Appeals Board rescinded the Amended Findings and Award and returned the case for further proceedings due to insufficient medical evidence regarding the latency period of the applicant's cancer and the specific carcinogens involved. The Board found Dr. Bronshvag's reporting contradictory and incomplete, failing to establish a reasonable link between the applicant's employment exposures and his cancer. The presumption of industrial causation under Labor Code § 3212.1 could not be properly applied without this essential medical evidence. Therefore, the matter is remanded for development of the medical record and a new decision by the WCJ.
Full Decision Text1 Pages
The Appeals Board rescinded the Amended Findings and Award and returned the case for further proceedings due to insufficient medical evidence regarding the latency period of the applicant's cancer and the specific carcinogens involved. The Board found Dr. Bronshvag's reporting contradictory and incomplete, failing to establish a reasonable link between the applicant's employment exposures and his cancer. The presumption of industrial causation under Labor Code § 3212.1 could not be properly applied without this essential medical evidence. Therefore, the matter is remanded for development of the medical record and a new decision by the WCJ.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.