CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address significant concerns regarding the permanent disability rating and apportionment. The applicant appealed a 75% permanent disability award, seeking 100% and arguing the defendant failed to prove apportionment to non-industrial factors or a prior injury. The Board found issues with the WCJ's method of apportioning disability based on a "range of evidence" instead of medical evaluations and noted missing exhibits. The case is returned to the trial level for further proceedings, including a formal rating from the Disability Evaluation Unit, to correct these issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address significant concerns regarding the permanent disability rating and apportionment. The applicant appealed a 75% permanent disability award, seeking 100% and arguing the defendant failed to prove apportionment to non-industrial factors or a prior injury. The Board found issues with the WCJ's method of apportioning disability based on a "range of evidence" instead of medical evaluations and noted missing exhibits. The case is returned to the trial level for further proceedings, including a formal rating from the Disability Evaluation Unit, to correct these issues.
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