CompFox AI Summary
This case involves an applicant who sustained head and cervical spine injuries in 2010, and later left shoulder, trapezius, and cervical spine injuries. The Appeals Board affirmed the original award finding the applicant's seizures were not industrially caused, based on the AME's opinion. However, the Board amended the findings to remove the phrase "as temporary disability cannot be awarded over five years from the date of injury," clarifying that the denial of temporary disability from August 13, 2011, to November 16, 2011, was due to a lack of substantial evidence of actual disability during that period. The applicant did not meet the burden of proof for temporary disability indemnity during the contested timeframe.
Full Decision Text1 Pages
This case involves an applicant who sustained head and cervical spine injuries in 2010, and later left shoulder, trapezius, and cervical spine injuries. The Appeals Board affirmed the original award finding the applicant's seizures were not industrially caused, based on the AME's opinion. However, the Board amended the findings to remove the phrase "as temporary disability cannot be awarded over five years from the date of injury," clarifying that the denial of temporary disability from August 13, 2011, to November 16, 2011, was due to a lack of substantial evidence of actual disability during that period. The applicant did not meet the burden of proof for temporary disability indemnity during the contested timeframe.
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