CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and disqualification, upholding the WCJ's findings. The WCJ correctly admitted the PQME's report and found the decedent's death arose out of and occurred in the course of employment, caused by ingesting poppy seed tea and Kratom. The Board affirmed that the defendant failed to prove affirmative defenses of intoxication and material deviation, and that the dependency claims of the widow and daughter were validly established. The Board also rejected the defendant's claim of judicial bias, finding the petition untimely and unsupported.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and disqualification, upholding the WCJ's findings. The WCJ correctly admitted the PQME's report and found the decedent's death arose out of and occurred in the course of employment, caused by ingesting poppy seed tea and Kratom. The Board affirmed that the defendant failed to prove affirmative defenses of intoxication and material deviation, and that the dependency claims of the widow and daughter were validly established. The Board also rejected the defendant's claim of judicial bias, finding the petition untimely and unsupported.
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