CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a decision awarding temporary disability benefits, finding that the defense presented substantial evidence suggesting the applicant reached maximum medical improvement earlier than determined. Specifically, the Board considered the report of Dr. Dixit, which stated the applicant was P&S on March 7, 2017, and contrasted it with the defense's argument that other QME reports lacked substantiality. The Board rescinded the original award and remanded the case for further proceedings to clarify the applicant's MMI status. This ensures a proper determination of temporary disability indemnity based on conflicting medical opinions.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a decision awarding temporary disability benefits, finding that the defense presented substantial evidence suggesting the applicant reached maximum medical improvement earlier than determined. Specifically, the Board considered the report of Dr. Dixit, which stated the applicant was P&S on March 7, 2017, and contrasted it with the defense's argument that other QME reports lacked substantiality. The Board rescinded the original award and remanded the case for further proceedings to clarify the applicant's MMI status. This ensures a proper determination of temporary disability indemnity based on conflicting medical opinions.
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