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The Court of Appeal reversed the WCAB's denial of reconsideration for Stephen Hart's workers' compensation claim. The Court found that previous decisions did not preclude Hart from pursuing temporary total disability benefits based on his cervical spine issues, which were claimed as a consequence of his original shoulder injuries. Consequently, the WCAB has granted reconsideration and remanded the case to the trial level. The WCJ must now determine if Hart sustained a compensable injury to his cervical spine and if it contributes to any ongoing temporary disability or need for medical treatment.
Full Decision Text1 Pages
The Court of Appeal reversed the WCAB's denial of reconsideration for Stephen Hart's workers' compensation claim. The Court found that previous decisions did not preclude Hart from pursuing temporary total disability benefits based on his cervical spine issues, which were claimed as a consequence of his original shoulder injuries. Consequently, the WCAB has granted reconsideration and remanded the case to the trial level. The WCJ must now determine if Hart sustained a compensable injury to his cervical spine and if it contributes to any ongoing temporary disability or need for medical treatment.
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