CompFox AI Summary
The Appeals Board granted the defendant's petition for reconsideration, rescinding the prior decision due to numerous procedural and substantive errors by the judge. The judge improperly decided issues not raised by the parties, failed to make findings on all disputed issues, and did not adequately explain her reasoning or the evidence relied upon. Furthermore, the judge erred in ordering a new medical evaluation without first properly developing the existing record through supplemental reports or depositions of the existing QME. The matter was returned for further proceedings and a new decision, ensuring due process and proper development of the record.
Full Decision Text1 Pages
The Appeals Board granted the defendant's petition for reconsideration, rescinding the prior decision due to numerous procedural and substantive errors by the judge. The judge improperly decided issues not raised by the parties, failed to make findings on all disputed issues, and did not adequately explain her reasoning or the evidence relied upon. Furthermore, the judge erred in ordering a new medical evaluation without first properly developing the existing record through supplemental reports or depositions of the existing QME. The matter was returned for further proceedings and a new decision, ensuring due process and proper development of the record.
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