CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded an award of 100% permanent disability for John Treneer due to an inadequate evidentiary record. The Board found uncertainty regarding whether the trial judge formally admitted and considered all submitted medical evidence, including defendant Liberty Mutual's reports. Consequently, the case was returned to the trial level for further proceedings to correct the record and potentially develop medical evidence through an Agreed or Independent Medical Examiner. A dissenting opinion argued that sufficient evidence supported the original award, and the WCJ properly exercised discretion in evaluating medical reports.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded an award of 100% permanent disability for John Treneer due to an inadequate evidentiary record. The Board found uncertainty regarding whether the trial judge formally admitted and considered all submitted medical evidence, including defendant Liberty Mutual's reports. Consequently, the case was returned to the trial level for further proceedings to correct the record and potentially develop medical evidence through an Agreed or Independent Medical Examiner. A dissenting opinion argued that sufficient evidence supported the original award, and the WCJ properly exercised discretion in evaluating medical reports.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.