CompFox AI Summary
The Workers' Compensation Appeals Board rescinded a previous award due to insufficient medical evidence supporting the applicant's cumulative trauma claim. The board found that the medical opinions from the treating physician and the qualified medical evaluator were speculative and lacked necessary reasoning regarding causation and apportionment to pre-existing conditions like rheumatoid arthritis. Consequently, the case is returned to the trial level for further development of the medical record, potentially including an Agreed Medical Examiner. This ensures due process by requiring a decision based on substantial evidence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded a previous award due to insufficient medical evidence supporting the applicant's cumulative trauma claim. The board found that the medical opinions from the treating physician and the qualified medical evaluator were speculative and lacked necessary reasoning regarding causation and apportionment to pre-existing conditions like rheumatoid arthritis. Consequently, the case is returned to the trial level for further development of the medical record, potentially including an Agreed Medical Examiner. This ensures due process by requiring a decision based on substantial evidence.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.