CompFox AI Summary
This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant argued that the administrative law judge erred in awarding 45% permanent disability after apportionment, contending a lower percentage should have been applied based on a prior award. The Workers' Compensation Appeals Board denied reconsideration, finding the defendant failed to meet its burden of proving overlap between the current and prior permanent disability under Labor Code section 4664. A dissenting opinion argued that apportionment under section 4663 also failed due to insufficient medical evidence.
Full Decision Text1 Pages
This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant argued that the administrative law judge erred in awarding 45% permanent disability after apportionment, contending a lower percentage should have been applied based on a prior award. The Workers' Compensation Appeals Board denied reconsideration, finding the defendant failed to meet its burden of proving overlap between the current and prior permanent disability under Labor Code section 4664. A dissenting opinion argued that apportionment under section 4663 also failed due to insufficient medical evidence.
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