CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. The Board found the trial judge did not fully apply the Rolda standard when determining if the applicant's psychiatric injury was predominantly caused by lawful, good faith personnel actions. Both parties will have an opportunity to further develop the record on the psychiatric injury causation and the defendant's QME will be allowed to supplement their report. The Board did not address the applicant's claim of a gastrointestinal injury, finding no error in the WCJ's initial determination on that issue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. The Board found the trial judge did not fully apply the Rolda standard when determining if the applicant's psychiatric injury was predominantly caused by lawful, good faith personnel actions. Both parties will have an opportunity to further develop the record on the psychiatric injury causation and the defendant's QME will be allowed to supplement their report. The Board did not address the applicant's claim of a gastrointestinal injury, finding no error in the WCJ's initial determination on that issue.
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