Home/Case Law/GENARO LEMUS, JR. vs. GHILOTTI BROTHERS CONSTRUCTION COMPANY, ZURICH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

GENARO LEMUS, JR. vs. GHILOTTI BROTHERS CONSTRUCTION COMPANY, ZURICH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

Filed: Apr 09, 2008
San Francisco
SRO 110075; SRO 110076 SRO 117282; SRO 124296 SRO 125019

CompFox AI Summary

The Appeals Board granted reconsideration because a recent en banc decision in Benson significantly changed how permanent disability is apportioned among multiple industrial injuries. This new apportionment approach requires further development of the medical record to determine the causative sources of the applicant's overall 85% permanent disability. Consequently, the Board rescinded the prior decision and returned the case for further proceedings and a new decision by the WCJ.

Full Decision Text1 Pages

The Appeals Board granted reconsideration because a recent en banc decision in Benson significantly changed how permanent disability is apportioned among multiple industrial injuries. This new apportionment approach requires further development of the medical record to determine the causative sources of the applicant's overall 85% permanent disability. Consequently, the Board rescinded the prior decision and returned the case for further proceedings and a new decision by the WCJ.

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