CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the record insufficient to determine the impact of applicant's pain medication on his future earning capacity. While the Board agreed that the prior Supreme Court holding on permanent disability remained valid, it required further medical evidence to assess the disabling effects of medication. The case was returned to the trial level for development of this record, specifically requesting reports from the Agreed Medical Examiner and applicant's treating physician on medication's effect on alertness and mental functioning.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the record insufficient to determine the impact of applicant's pain medication on his future earning capacity. While the Board agreed that the prior Supreme Court holding on permanent disability remained valid, it required further medical evidence to assess the disabling effects of medication. The case was returned to the trial level for development of this record, specifically requesting reports from the Agreed Medical Examiner and applicant's treating physician on medication's effect on alertness and mental functioning.
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