Home/Case Law/MIGUEL LUNA vs. SOCAL STRUCTURAL STEEL FABRICATION, REDWOOD FIRE & CASUALTY/BHHC
Regular DecisionReconsideration

MIGUEL LUNA vs. SOCAL STRUCTURAL STEEL FABRICATION, REDWOOD FIRE & CASUALTY/BHHC

Filed: Sep 16, 2019
Los Angeles
ADJ11668611

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration and rescinded the prior findings of injury arising out of and in the course of employment. The WCAB found the original decision lacked substantial medical evidence to support the injury claim, as applicant's lay testimony alone is insufficient for causation when medical expertise is required. While giving deference to the WCJ's credibility determinations, the Board is returning the case to the trial level for further proceedings to develop the medical record.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration and rescinded the prior findings of injury arising out of and in the course of employment. The WCAB found the original decision lacked substantial medical evidence to support the injury claim, as applicant's lay testimony alone is insufficient for causation when medical expertise is required. While giving deference to the WCJ's credibility determinations, the Board is returning the case to the trial level for further proceedings to develop the medical record.

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MIGUEL LUNA vs. SOCAL STRUCTURAL STEEL FABRICATION, REDWOOD FIRE & CASUALTY/BHHC (2019) – Los Angeles | CompFox