CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level for recalculation of permanent disability. Both applicant and defendant appealed the original decision, raising issues regarding the application of apportionment under Labor Code sections 4663 and 4664 and the calculation of permanent disability based on prior injuries. The Board found that the defendant must prove overlap between prior and current permanent disability rather than receiving an automatic deduction.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level for recalculation of permanent disability. Both applicant and defendant appealed the original decision, raising issues regarding the application of apportionment under Labor Code sections 4663 and 4664 and the calculation of permanent disability based on prior injuries. The Board found that the defendant must prove overlap between prior and current permanent disability rather than receiving an automatic deduction.
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