Home/Case Law/CHARLES POPPER vs. WESTSIDE EXPRESS, INC, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

CHARLES POPPER vs. WESTSIDE EXPRESS, INC, STATE COMPENSATION INSURANCE FUND

Filed: May 17, 2010
ADJ2543168

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for further proceedings. The Board found that the Agreed Medical Examiner's (AME) opinion on apportionment was substantial evidence, despite the original judge's finding of 100% permanent disability. The AME concluded that 25% of the applicant's permanent disability was attributable to pre-existing degenerative arthritis, consistent with recent legislative changes requiring apportionment based on causation. The Board determined that the AME's report met the criteria for substantial evidence, necessitating a re-evaluation of the disability rating.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for further proceedings. The Board found that the Agreed Medical Examiner's (AME) opinion on apportionment was substantial evidence, despite the original judge's finding of 100% permanent disability. The AME concluded that 25% of the applicant's permanent disability was attributable to pre-existing degenerative arthritis, consistent with recent legislative changes requiring apportionment based on causation. The Board determined that the AME's report met the criteria for substantial evidence, necessitating a re-evaluation of the disability rating.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.