CompFox AI Summary
The Board rescinded the WCJ's Findings and Award because the applicability of the Labor Code § 5402(b) presumption of compensability could not be determined. Crucially, the record lacked evidence of when the claim form was filed, which is necessary to establish the 90-day period for denial and rebuttal. Furthermore, the presumption was not raised as an issue at trial, potentially violating due process. The matter was returned to the WCJ for further proceedings to clarify these foundational issues and ensure all relevant medical evidence is considered by expert witnesses.
Full Decision Text1 Pages
The Board rescinded the WCJ's Findings and Award because the applicability of the Labor Code § 5402(b) presumption of compensability could not be determined. Crucially, the record lacked evidence of when the claim form was filed, which is necessary to establish the 90-day period for denial and rebuttal. Furthermore, the presumption was not raised as an issue at trial, potentially violating due process. The matter was returned to the WCJ for further proceedings to clarify these foundational issues and ensure all relevant medical evidence is considered by expert witnesses.
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