CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the WCJ erred in applying the Wilkinson doctrine for combining permanent disability awards in successive injury cases. The Board rescinded the previous award, remanding the case for further development of the record and reanalysis under the Benson en banc decision. This decision clarifies that Benson mandates apportionment based on causation, effectively superseding the Wilkinson rule for cases decided after SB 899.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the WCJ erred in applying the Wilkinson doctrine for combining permanent disability awards in successive injury cases. The Board rescinded the previous award, remanding the case for further development of the record and reanalysis under the Benson en banc decision. This decision clarifies that Benson mandates apportionment based on causation, effectively superseding the Wilkinson rule for cases decided after SB 899.
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