CompFox AI Summary
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinded the initial decision, and returned the case for further proceedings. The WCJ had denied the claim based on the applicant's perceived lack of credibility due to discrepancies between her deposition testimony and sub rosa video evidence. However, the Board found that the applicant's credibility issues did not definitively overcome the medical opinions of the Qualified Medical Evaluator. The Board also clarified that the applicant's deposition was properly admitted into evidence as she indicated she would refuse to testify if called.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinded the initial decision, and returned the case for further proceedings. The WCJ had denied the claim based on the applicant's perceived lack of credibility due to discrepancies between her deposition testimony and sub rosa video evidence. However, the Board found that the applicant's credibility issues did not definitively overcome the medical opinions of the Qualified Medical Evaluator. The Board also clarified that the applicant's deposition was properly admitted into evidence as she indicated she would refuse to testify if called.
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