CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a prior decision that found the applicant's injury not presumed compensable. The Board found the applicant's injury is presumed compensable under Labor Code section 5402(b) because the defendant failed to timely reject the claim within 90 days. The WCAB also determined the report of QME Dr. Tran is admissible evidence, despite not being listed on the Pre-Trial Conference Statement. Finally, the Board amended the WCJ's findings to explicitly state the injury is presumed compensable.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a prior decision that found the applicant's injury not presumed compensable. The Board found the applicant's injury is presumed compensable under Labor Code section 5402(b) because the defendant failed to timely reject the claim within 90 days. The WCAB also determined the report of QME Dr. Tran is admissible evidence, despite not being listed on the Pre-Trial Conference Statement. Finally, the Board amended the WCJ's findings to explicitly state the injury is presumed compensable.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.