CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision that apportioned 50% of the applicant's left knee disability to non-industrial factors. The Board found that the agreed medical evaluator's opinion on apportionment lacked sufficient detail and clarity to constitute substantial evidence. Consequently, the Board deferred the issues of permanent disability and apportionment, remanding the case for further development of the record. This will involve obtaining clarification from the medical evaluator regarding how prior injuries and pathology specifically contributed to the applicant's current impairment and the success of his knee replacement surgery.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision that apportioned 50% of the applicant's left knee disability to non-industrial factors. The Board found that the agreed medical evaluator's opinion on apportionment lacked sufficient detail and clarity to constitute substantial evidence. Consequently, the Board deferred the issues of permanent disability and apportionment, remanding the case for further development of the record. This will involve obtaining clarification from the medical evaluator regarding how prior injuries and pathology specifically contributed to the applicant's current impairment and the success of his knee replacement surgery.
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