CompFox AI Summary
The Appeals Board denied the applicant's petition for reconsideration but granted the defendant's. The Board rescinded the original award and returned the case to the trial level for a decision on permanent disability benefits. This action was taken because the applicant failed to adequately develop the record regarding an Almaraz-Guzman analysis, despite having ample opportunity. Therefore, the permanent disability finding should be based on the existing medical reports from the conclusion of the prior trial.
Full Decision Text1 Pages
The Appeals Board denied the applicant's petition for reconsideration but granted the defendant's. The Board rescinded the original award and returned the case to the trial level for a decision on permanent disability benefits. This action was taken because the applicant failed to adequately develop the record regarding an Almaraz-Guzman analysis, despite having ample opportunity. Therefore, the permanent disability finding should be based on the existing medical reports from the conclusion of the prior trial.
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