CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision denying the applicant's claim for an industrial back injury. The WCAB found that the applicant failed to meet his burden of proof for demonstrating injury arising out of and occurring in the course of employment (AOE/COE). They determined that the medical report of Dr. Touton constituted substantial evidence supporting the denial, while the applicant's preferred medical opinion from Dr. Scherman was less persuasive. One commissioner dissented, believing Dr. Scherman's report, corroborated by the applicant's testimony, supported a finding of cumulative injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision denying the applicant's claim for an industrial back injury. The WCAB found that the applicant failed to meet his burden of proof for demonstrating injury arising out of and occurring in the course of employment (AOE/COE). They determined that the medical report of Dr. Touton constituted substantial evidence supporting the denial, while the applicant's preferred medical opinion from Dr. Scherman was less persuasive. One commissioner dissented, believing Dr. Scherman's report, corroborated by the applicant's testimony, supported a finding of cumulative injury.
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