CompFox AI Summary
The Appeals Board granted reconsideration because the Workers' Compensation Judge may have applied an incorrect legal standard for apportioning permanent disability following a petition to reopen. Applicant sustained an admitted industrial injury in 1998, and a prior award included 40% permanent disability. The judge's decision apportioned one-third of the total permanent disability to non-industrial factors, rather than apportioning only the increased permanent disability above the prior award. The matter is returned to the trial level to develop the medical record and reconsider the extent and apportionment of increased permanent disability.
Full Decision Text1 Pages
The Appeals Board granted reconsideration because the Workers' Compensation Judge may have applied an incorrect legal standard for apportioning permanent disability following a petition to reopen. Applicant sustained an admitted industrial injury in 1998, and a prior award included 40% permanent disability. The judge's decision apportioned one-third of the total permanent disability to non-industrial factors, rather than apportioning only the increased permanent disability above the prior award. The matter is returned to the trial level to develop the medical record and reconsider the extent and apportionment of increased permanent disability.
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