CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's apportionment of the applicant's permanent disability. The applicant, a police officer injured on the job, argued that the Qualified Medical Evaluator's apportionment to genetic factors was not supported by substantial evidence. The Board agreed, finding that apportionment to immutable genetic factors was impermissible and that the QME's opinion lacked sufficient reasoning on the specific causation of the disability. Consequently, the Board amended the decision to defer the issue of permanent disability and returned the matter for an unapportioned award.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's apportionment of the applicant's permanent disability. The applicant, a police officer injured on the job, argued that the Qualified Medical Evaluator's apportionment to genetic factors was not supported by substantial evidence. The Board agreed, finding that apportionment to immutable genetic factors was impermissible and that the QME's opinion lacked sufficient reasoning on the specific causation of the disability. Consequently, the Board amended the decision to defer the issue of permanent disability and returned the matter for an unapportioned award.
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