CompFox AI Summary
The Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's award for applicant Kenneth Everett's industrial back, neck, and upper extremity injuries. The defendant failed to show due diligence in investigating the applicant's statements or reopening discovery after the Mandatory Settlement Conference, despite having notice of the subsequent injury claim. Furthermore, the defendant did not properly preserve their claims of excluded testimony or evidence by failing to object to the hearing minutes or procure a transcript. The WCJ's decision was based on the treating physician's report, which included apportionment for the subsequent injury, and the defendant's argument of full compensation from the other claim was not persuasive.
Full Decision Text1 Pages
The Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's award for applicant Kenneth Everett's industrial back, neck, and upper extremity injuries. The defendant failed to show due diligence in investigating the applicant's statements or reopening discovery after the Mandatory Settlement Conference, despite having notice of the subsequent injury claim. Furthermore, the defendant did not properly preserve their claims of excluded testimony or evidence by failing to object to the hearing minutes or procure a transcript. The WCJ's decision was based on the treating physician's report, which included apportionment for the subsequent injury, and the defendant's argument of full compensation from the other claim was not persuasive.
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