CompFox AI Summary
The Workers' Compensation Appeals Board (Appeals Board) rescinded a prior decision and returned the case to the arbitrator for further proceedings. The Appeals Board found the original record lacked clarity regarding the specific issues submitted and findings of fact made by the arbitrator. To prevail on its contribution petition, the defendant must prove the applicant sustained a cumulative trauma injury and establish the date of injury under Labor Code section 5412, which requires both disability and knowledge of its industrial origin. The arbitrator must now create a proper record, including a summary of evidence and reasons for the determination, to allow for meaningful reconsideration.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (Appeals Board) rescinded a prior decision and returned the case to the arbitrator for further proceedings. The Appeals Board found the original record lacked clarity regarding the specific issues submitted and findings of fact made by the arbitrator. To prevail on its contribution petition, the defendant must prove the applicant sustained a cumulative trauma injury and establish the date of injury under Labor Code section 5412, which requires both disability and knowledge of its industrial origin. The arbitrator must now create a proper record, including a summary of evidence and reasons for the determination, to allow for meaningful reconsideration.
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