CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a previous award finding the applicant 100% permanently disabled due to two industrial injuries. The defendant argued the judge erred by not properly applying apportionment to non-industrial factors, as required by law and supported by medical opinions. The Board found the medical evidence, particularly Dr. Friedman's, lacked sufficient apportionment analysis and the vocational evaluator's reasoning on total disability needed further clarification. The case was returned to the trial level for further development of the record on these issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a previous award finding the applicant 100% permanently disabled due to two industrial injuries. The defendant argued the judge erred by not properly applying apportionment to non-industrial factors, as required by law and supported by medical opinions. The Board found the medical evidence, particularly Dr. Friedman's, lacked sufficient apportionment analysis and the vocational evaluator's reasoning on total disability needed further clarification. The case was returned to the trial level for further development of the record on these issues.
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