Home/Case Law/VICENTE LOPEZ vs. CHEMTEX PRINT USA, ENDURANCE INSURANCE COMPANY
Regular DecisionReconsideration

VICENTE LOPEZ vs. CHEMTEX PRINT USA, ENDURANCE INSURANCE COMPANY

Filed: Sep 15, 2015
Marina Del Rey
ADJ6618521

CompFox AI Summary

The Appeals Board granted reconsideration, rescinded the prior Findings and Award, and remanded the case for further proceedings. The Board found that while the applicant's claim for psychological injury was initially dismissed without prejudice, denying reopening based on res judicata was an error. The Board determined that the applicant's psychological complaints, though lacking substantial evidence from the current medical reports, warrant further development of the record. This includes obtaining updated reports from the treating physician regarding the applicant's psyche and neurologic complaints.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, rescinded the prior Findings and Award, and remanded the case for further proceedings. The Board found that while the applicant's claim for psychological injury was initially dismissed without prejudice, denying reopening based on res judicata was an error. The Board determined that the applicant's psychological complaints, though lacking substantial evidence from the current medical reports, warrant further development of the record. This includes obtaining updated reports from the treating physician regarding the applicant's psyche and neurologic complaints.

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