CompFox AI Summary
This case involves a police officer's claim for industrial injury, specifically to her low back. The applicant contends the WCJ erred by not applying the Labor Code section 3213.2 "duty belt presumption" and improperly apportioning cervical spine disability. The Appeals Board rescinded the WCJ's decision, finding the independent medical evaluator's opinions did not properly rebut the presumption. The case is returned to the trial level for a determination on the applicability of the duty belt presumption and whether the injury manifested within the statutory timeframe. Issues regarding apportionment are preserved for further proceedings.
Full Decision Text1 Pages
This case involves a police officer's claim for industrial injury, specifically to her low back. The applicant contends the WCJ erred by not applying the Labor Code section 3213.2 "duty belt presumption" and improperly apportioning cervical spine disability. The Appeals Board rescinded the WCJ's decision, finding the independent medical evaluator's opinions did not properly rebut the presumption. The case is returned to the trial level for a determination on the applicability of the duty belt presumption and whether the injury manifested within the statutory timeframe. Issues regarding apportionment are preserved for further proceedings.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.