CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of the judge's award finding applicant sustained injury arising out of and occurring in the course of employment (AOE/COE) to his back. The Board found the applicant's medical report from Dr. Donahue was not substantial evidence as it was based on an inaccurate history and potentially obtained after discovery closed, thus prejudicing the defendant. Consequently, the Board rescinded the prior award and returned the matter to the judge for further development of the record and proceedings. This will allow for proper due process and ensure the record contains substantial evidence before a new decision is made.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of the judge's award finding applicant sustained injury arising out of and occurring in the course of employment (AOE/COE) to his back. The Board found the applicant's medical report from Dr. Donahue was not substantial evidence as it was based on an inaccurate history and potentially obtained after discovery closed, thus prejudicing the defendant. Consequently, the Board rescinded the prior award and returned the matter to the judge for further development of the record and proceedings. This will allow for proper due process and ensure the record contains substantial evidence before a new decision is made.
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