Home/Case Law/ROBERT LEWIS vs. TOPA INSURANCE CO. INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ROBERT LEWIS vs. TOPA INSURANCE CO. INC., STATE COMPENSATION INSURANCE FUND

Filed: Feb 16, 2010
San Francisco
ADJ4311260

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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