CompFox AI Summary
The Appeals Board granted reconsideration on its own motion to address potential issues with the WCJ's apportionment of permanent disability. Specifically, the Board questioned whether the applicant's 2000 car accident, which the WCJ used for apportionment, might have been a compensable consequence of the original industrial injury. This ambiguity, particularly arising from a treating physician's report, necessitates further development of the record to ensure a just and reasoned decision regarding apportionment and permanent disability. The case is remanded to the trial level for further proceedings and a new decision.
Full Decision Text1 Pages
The Appeals Board granted reconsideration on its own motion to address potential issues with the WCJ's apportionment of permanent disability. Specifically, the Board questioned whether the applicant's 2000 car accident, which the WCJ used for apportionment, might have been a compensable consequence of the original industrial injury. This ambiguity, particularly arising from a treating physician's report, necessitates further development of the record to ensure a just and reasoned decision regarding apportionment and permanent disability. The case is remanded to the trial level for further proceedings and a new decision.
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