CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant sustained an injury to her right shoulder arising out of and in the course of employment. The Board affirmed the original decision, rejecting the defendant's arguments that the applicant was aware of the work-related nature of her injury earlier and that the judge improperly relied on the treating physician's report over the QME's. The Board noted the QME's report was unsigned at the time of the original decision and found the judge acted within their discretion in choosing which medical report to credit.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant sustained an injury to her right shoulder arising out of and in the course of employment. The Board affirmed the original decision, rejecting the defendant's arguments that the applicant was aware of the work-related nature of her injury earlier and that the judge improperly relied on the treating physician's report over the QME's. The Board noted the QME's report was unsigned at the time of the original decision and found the judge acted within their discretion in choosing which medical report to credit.
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