CompFox AI Summary
The Appeals Board granted reconsideration to address whether applicant's sleep apnea is industrially related. The initial WCJ found it was not, based on stipulations and medical reports, but the applicant contested this, relying on Dr. Fu's report. The Board found Dr. Fu's report lacked substantial evidence due to insufficient reasoning and a conclusory approach. Therefore, the case is returned to the trial level for further development of the record regarding the industrial causation of the applicant's sleep apnea.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address whether applicant's sleep apnea is industrially related. The initial WCJ found it was not, based on stipulations and medical reports, but the applicant contested this, relying on Dr. Fu's report. The Board found Dr. Fu's report lacked substantial evidence due to insufficient reasoning and a conclusory approach. Therefore, the case is returned to the trial level for further development of the record regarding the industrial causation of the applicant's sleep apnea.
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