CompFox AI Summary
The Workers' Compensation Appeals Board affirmed a prior award of 97% permanent disability for cumulative trauma injury. The Board rejected the defendant's argument that a prior stipulated award for a cervical spine injury should be offset, citing the different rating schedules and failure to prove overlap. The Board also found the physician's report, which apportioned disability among the five claims, to be substantial evidence despite its general approach to apportionment. The award was amended to explicitly include stipulated facts regarding industrial injury, earnings, date of injury, and injured body parts.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a prior award of 97% permanent disability for cumulative trauma injury. The Board rejected the defendant's argument that a prior stipulated award for a cervical spine injury should be offset, citing the different rating schedules and failure to prove overlap. The Board also found the physician's report, which apportioned disability among the five claims, to be substantial evidence despite its general approach to apportionment. The award was amended to explicitly include stipulated facts regarding industrial injury, earnings, date of injury, and injured body parts.
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