CompFox AI Summary
The Workers' Compensation Appeals Board rescinded the previous findings and deferred the issue of injury arising out of and occurring in the course of employment (AOE/COE) in both cases. The Board found that the Qualified Medical Examiner's reports lacked substantial evidence, particularly regarding the analysis of MRI results and the explanation for dismissing applicant's claims. The matter is returned to the WCJ to allow the parties to develop the record, potentially by appointing a "regular physician" for further evaluation. The Board also rejected the defendant's due process claim as moot.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded the previous findings and deferred the issue of injury arising out of and occurring in the course of employment (AOE/COE) in both cases. The Board found that the Qualified Medical Examiner's reports lacked substantial evidence, particularly regarding the analysis of MRI results and the explanation for dismissing applicant's claims. The matter is returned to the WCJ to allow the parties to develop the record, potentially by appointing a "regular physician" for further evaluation. The Board also rejected the defendant's due process claim as moot.
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