CompFox AI Summary
The Appeals Board affirmed a WCJ's finding that applicant sustained industrial injury to his right shoulder and left knee, denying his claim for neck and back injury. The Board found applicant waived his claim for neck and back injury by failing to seek reconsideration of the initial decision that only addressed the shoulder and knee. Applicant's petition for reconsideration was technically defective but not dismissed, and the Board adopted the WCJ's reasoning. A dissenting opinion argued the initial decision was flawed for failing to address all claimed body parts, thus requiring remand.
Full Decision Text1 Pages
The Appeals Board affirmed a WCJ's finding that applicant sustained industrial injury to his right shoulder and left knee, denying his claim for neck and back injury. The Board found applicant waived his claim for neck and back injury by failing to seek reconsideration of the initial decision that only addressed the shoulder and knee. Applicant's petition for reconsideration was technically defective but not dismissed, and the Board adopted the WCJ's reasoning. A dissenting opinion argued the initial decision was flawed for failing to address all claimed body parts, thus requiring remand.
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