CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the original Findings and Award. The Board found merit in the defendant's contentions that the Administrative Law Judge (ALJ) erred in finding 50% permanent disability, in including diabetes as an industrial injury, and in rating the sleep disorder. The case is returned to the trial level for further proceedings, allowing the ALJ to develop the record or issue a new decision. The ALJ has discretion regarding further actions, such as deposing a medical examiner or obtaining supplemental reports.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the original Findings and Award. The Board found merit in the defendant's contentions that the Administrative Law Judge (ALJ) erred in finding 50% permanent disability, in including diabetes as an industrial injury, and in rating the sleep disorder. The case is returned to the trial level for further proceedings, allowing the ALJ to develop the record or issue a new decision. The ALJ has discretion regarding further actions, such as deposing a medical examiner or obtaining supplemental 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.