CompFox AI Summary
This case concerns an applicant's petition for reconsideration of a finding denying temporary disability benefits. The Workers' Compensation Appeals Board granted reconsideration, finding that the prior decision was based on an incomplete review of medical evidence, specifically the PQME's report which referenced an incomplete operative report and contradicted applicant's testimony. The Board deferred the issue of temporary disability to allow for further development of the record at the trial level. A dissenting opinion argued that the applicant failed to meet her burden of proof and should instead pursue a petition to reopen if new evidence emerges.
Full Decision Text1 Pages
This case concerns an applicant's petition for reconsideration of a finding denying temporary disability benefits. The Workers' Compensation Appeals Board granted reconsideration, finding that the prior decision was based on an incomplete review of medical evidence, specifically the PQME's report which referenced an incomplete operative report and contradicted applicant's testimony. The Board deferred the issue of temporary disability to allow for further development of the record at the trial level. A dissenting opinion argued that the applicant failed to meet her burden of proof and should instead pursue a petition to reopen if new evidence emerges.
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