CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a decision finding the applicant 100% permanently disabled. The Board found the judge may have erred by not applying the correct apportionment principles under SB 899 and by not fully considering the Agreed Medical Examiner's (AME) apportionment opinion. The judge also needs to re-evaluate permanent disability considering all industrial conditions and potential non-industrial apportionment, and clarify the basis for total disability if it extends beyond orthopedic injuries. The case is remanded for further proceedings and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a decision finding the applicant 100% permanently disabled. The Board found the judge may have erred by not applying the correct apportionment principles under SB 899 and by not fully considering the Agreed Medical Examiner's (AME) apportionment opinion. The judge also needs to re-evaluate permanent disability considering all industrial conditions and potential non-industrial apportionment, and clarify the basis for total disability if it extends beyond orthopedic injuries. The case is remanded for further proceedings and a new decision.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.