Home/Case Law/MARY JOAN FISHER vs. METLIFE AUTO & HOME, NATIONAL UNION FIRE INSURANCE COMPANY, CONSTITUTION STATE SERVICE COMPANY
Regular DecisionReconsideration

MARY JOAN FISHER vs. METLIFE AUTO & HOME, NATIONAL UNION FIRE INSURANCE COMPANY, CONSTITUTION STATE SERVICE COMPANY

Filed: Sep 20, 2019
Oakland
ADJ7499032

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior Findings and Award. This action was taken because the administrative law judge improperly excluded crucial medical evidence regarding the applicant's prior injuries, which was essential for a Qualified Medical Evaluator's opinion. The Board found that the excluded records were relevant to determining the causation and extent of the applicant's current disability. The case is therefore returned to the trial level for further development of the medical record, allowing the evaluator to review the previously excluded documents and issue a new report.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior Findings and Award. This action was taken because the administrative law judge improperly excluded crucial medical evidence regarding the applicant's prior injuries, which was essential for a Qualified Medical Evaluator's opinion. The Board found that the excluded records were relevant to determining the causation and extent of the applicant's current disability. The case is therefore returned to the trial level for further development of the medical record, allowing the evaluator to review the previously excluded documents and issue a new report.

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