CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal, treating it as a Petition for Reconsideration, which was also denied. The Board affirmed the WCJ's finding that the applicant sustained an industrial injury to her neck, back, and hip in 2012. The Board held that amendments to claims are permissible before an award is issued, even if more than five years have passed since the injury, and that discovery closing did not bar development of the claim for a subsequent heart attack. Finally, the Board found the Qualified Medical Evaluator's report lacked substantial evidence due to internal inconsistencies and poor rapport with the applicant.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal, treating it as a Petition for Reconsideration, which was also denied. The Board affirmed the WCJ's finding that the applicant sustained an industrial injury to her neck, back, and hip in 2012. The Board held that amendments to claims are permissible before an award is issued, even if more than five years have passed since the injury, and that discovery closing did not bar development of the claim for a subsequent heart attack. Finally, the Board found the Qualified Medical Evaluator's report lacked substantial evidence due to internal inconsistencies and poor rapport with the applicant.
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