CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) affirmed the Workers' Compensation Administrative Law Judge's (WCJ) June 9, 2021, Joint Findings of Fact, Award, and Opinion on Decision. The WCJ had found the applicant, Earl Meyers, to be 100% permanently totally disabled due to multiple industrial injuries precluding him from vocational rehabilitation and competing in the open labor market. Defendant, Fresno Unified School District, petitioned for reconsideration, arguing misapplication of Labor Code sections 4662 and 4663 regarding apportionment and insufficient evidence for total disability. The Board, reviewing medical and vocational expert opinions, concluded that the defendant failed to provide substantial medical evidence for apportionment of the applicant's work restrictions to non-industrial causes, thereby upholding the 100% permanent total disability finding.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) affirmed the Workers' Compensation Administrative Law Judge's (WCJ) June 9, 2021, Joint Findings of Fact, Award, and Opinion on Decision. The WCJ had found the applicant, Earl Meyers, to be 100% permanently totally disabled due to multiple industrial injuries precluding him from vocational rehabilitation and competing in the open labor market. Defendant, Fresno Unified School District, petitioned for reconsideration, arguing misapplication of Labor Code sections 4662 and 4663 regarding apportionment and insufficient evidence for total disability. The Board, reviewing medical and vocational expert opinions, concluded that the defendant failed to provide substantial medical evidence for apportionment of the applicant's work restrictions to non-industrial causes, thereby upholding the 100% permanent total disability finding.
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