CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the arbitrator's decision finding a single cumulative trauma injury due to insufficient medical evidence. Co-defendants Kaiser and Fireman's Fund argued the arbitrator improperly merged multiple claims and lacked authority to establish a single cumulative trauma period. The WCAB agreed that Dr. Mack's opinion, on which the arbitrator relied, was speculative regarding causation and apportionment across multiple employers. The matter is returned to the arbitrator for further proceedings to clarify medical evidence and the date of injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the arbitrator's decision finding a single cumulative trauma injury due to insufficient medical evidence. Co-defendants Kaiser and Fireman's Fund argued the arbitrator improperly merged multiple claims and lacked authority to establish a single cumulative trauma period. The WCAB agreed that Dr. Mack's opinion, on which the arbitrator relied, was speculative regarding causation and apportionment across multiple employers. The matter is returned to the arbitrator for further proceedings to clarify medical evidence and the date of injury.
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