CompFox AI Summary
The Appeals Board granted removal, rescinding the WCJ's order that removed cases from the calendar due to a new injury. The Board found the defendant's petition to reopen to reduce permanent disability was based on evidence obtained before the new injury and is therefore ripe for determination. The cases are returned to the trial level to litigate whether good cause exists to amend the prior award based on diminished disability.
Full Decision Text1 Pages
The Appeals Board granted removal, rescinding the WCJ's order that removed cases from the calendar due to a new injury. The Board found the defendant's petition to reopen to reduce permanent disability was based on evidence obtained before the new injury and is therefore ripe for determination. The cases are returned to the trial level to litigate whether good cause exists to amend the prior award based on diminished disability.
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