CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Award, and returned the matter for further proceedings and a new decision. Defendant argued the award should have been for cumulative trauma, sought credit for EDD reimbursements against the temporary disability cap, and contended the PQME reports and awarded neck surgery were not substantial evidence. The Board agreed that the prior award needed to be rescinded for further clarification on the PQME's findings regarding the necessity of surgery and specific diagnostics. They encouraged further medical evaluation, potentially through an Agreed Medical Evaluator, to clarify treatment recommendations for the applicant's cervical spine injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Award, and returned the matter for further proceedings and a new decision. Defendant argued the award should have been for cumulative trauma, sought credit for EDD reimbursements against the temporary disability cap, and contended the PQME reports and awarded neck surgery were not substantial evidence. The Board agreed that the prior award needed to be rescinded for further clarification on the PQME's findings regarding the necessity of surgery and specific diagnostics. They encouraged further medical evaluation, potentially through an Agreed Medical Evaluator, to clarify treatment recommendations for the applicant's cervical spine injury.
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