CompFox AI Summary
The Appeals Board granted reconsideration, rescinding the prior award due to the administrative law judge (ALJ) improperly amending the date of injury from a specific incident to a cumulative trauma and deviating from a prior final order. The Board found Dr. Clayman's medical opinions regarding cumulative trauma, disability, and apportionment unclear and potentially erroneous, requiring further development of the record. The matter is returned to the trial level to determine if other injuries occurred and which injury caused the applicant's disability, applying relevant legal principles like Benson and Western Growers.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinding the prior award due to the administrative law judge (ALJ) improperly amending the date of injury from a specific incident to a cumulative trauma and deviating from a prior final order. The Board found Dr. Clayman's medical opinions regarding cumulative trauma, disability, and apportionment unclear and potentially erroneous, requiring further development of the record. The matter is returned to the trial level to determine if other injuries occurred and which injury caused the applicant's disability, applying relevant legal principles like Benson and Western Growers.
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