CompFox AI Summary
The Workers' Compensation Appeals Board rescinded the original Findings and Order, returning the case to the trial level for further proceedings. The Board found the prior decision erred by addressing issues not properly raised at trial, specifically the reasonableness and necessity of medical treatment, and by prematurely excluding evidence based on technical filing deficiencies. The Board also clarified that while declarations under Labor Code section 4903.8 require a competent declarant, the burden to prove incompetency rests with the challenging party.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded the original Findings and Order, returning the case to the trial level for further proceedings. The Board found the prior decision erred by addressing issues not properly raised at trial, specifically the reasonableness and necessity of medical treatment, and by prematurely excluding evidence based on technical filing deficiencies. The Board also clarified that while declarations under Labor Code section 4903.8 require a competent declarant, the burden to prove incompetency rests with the challenging party.
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