CompFox AI Summary
The applicant sustained an industrial knee injury and was awarded continuing temporary disability (TDI) based on an amputation exception. Defendant sought reconsideration, arguing knee surgery is not an amputation under Labor Code section 4656(c)(2)(C). The Appeals Board granted reconsideration to apply the recent en banc decision in Cruz, which clarified that "amputation" refers to severance of external body parts. The prior award was rescinded and the matter remanded for a new decision consistent with Cruz.
Full Decision Text1 Pages
The applicant sustained an industrial knee injury and was awarded continuing temporary disability (TDI) based on an amputation exception. Defendant sought reconsideration, arguing knee surgery is not an amputation under Labor Code section 4656(c)(2)(C). The Appeals Board granted reconsideration to apply the recent en banc decision in Cruz, which clarified that "amputation" refers to severance of external body parts. The prior award was rescinded and the matter remanded for a new decision consistent with Cruz.
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