CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that surgery was "probably" required based on the Agreed Medical Evaluator's deposition testimony. The Board found that the defendant waived any objection to the applicant's evidence by failing to offer potentially contradictory reports in rebuttal at trial. Furthermore, the Board noted that it is not bound by common law evidence rules and hearsay is admissible.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that surgery was "probably" required based on the Agreed Medical Evaluator's deposition testimony. The Board found that the defendant waived any objection to the applicant's evidence by failing to offer potentially contradictory reports in rebuttal at trial. Furthermore, the Board noted that it is not bound by common law evidence rules and hearsay is admissible.
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