CompFox AI Summary
This case involves an applicant who, while owner and employee of Sullivan Health Care Enterprises, Inc., alleged a cumulative trauma neck injury ending September 30, 2001. The Workers' Compensation Appeals Board affirmed the judge's finding that the statutory presumption of compensability was rebutted by evidence that the applicant did not report a work-related injury and sought treatment through his health insurance. Key to this decision was the medical evidence indicating pre-existing neck conditions and the applicant's own actions of cancelling his workers' compensation policy. The Board found the judge properly considered the applicant's atypical status as both employer and employee in weighing the evidence.
Full Decision Text1 Pages
This case involves an applicant who, while owner and employee of Sullivan Health Care Enterprises, Inc., alleged a cumulative trauma neck injury ending September 30, 2001. The Workers' Compensation Appeals Board affirmed the judge's finding that the statutory presumption of compensability was rebutted by evidence that the applicant did not report a work-related injury and sought treatment through his health insurance. Key to this decision was the medical evidence indicating pre-existing neck conditions and the applicant's own actions of cancelling his workers' compensation policy. The Board found the judge properly considered the applicant's atypical status as both employer and employee in weighing the evidence.
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