CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 51% permanent disability without apportionment. The Board found the primary treating physician's apportionment reports insufficient as substantial evidence because they were conclusory and lacked adequate reasoning regarding causation. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record, particularly concerning apportionment. This may involve obtaining supplemental opinions or appointing an Agreed Medical Evaluator.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 51% permanent disability without apportionment. The Board found the primary treating physician's apportionment reports insufficient as substantial evidence because they were conclusory and lacked adequate reasoning regarding causation. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record, particularly concerning apportionment. This may involve obtaining supplemental opinions or appointing an Agreed Medical Evaluator.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.