CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the trial judge's take-nothing order due to insufficient factual and legal development regarding the applicant's psychiatric and internal injuries. The WCAB determined that further evidence is required to address causation and "actual events" of employment for the psychiatric claim, as well as to clarify opinions on specific versus cumulative trauma for both the psychiatric and internal injury claims. The matter was returned to the trial level for further proceedings and a new decision by the workers' compensation judge, with the WCAB expressing no final opinion on any substantive issue. The appeals board also noted potential issues with the good faith personnel action defense and the apportionment of impairment versus injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the trial judge's take-nothing order due to insufficient factual and legal development regarding the applicant's psychiatric and internal injuries. The WCAB determined that further evidence is required to address causation and "actual events" of employment for the psychiatric claim, as well as to clarify opinions on specific versus cumulative trauma for both the psychiatric and internal injury claims. The matter was returned to the trial level for further proceedings and a new decision by the workers' compensation judge, with the WCAB expressing no final opinion on any substantive issue. The appeals board also noted potential issues with the good faith personnel action defense and the apportionment of impairment versus injury.
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