CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision that denied an applicant's petition to reopen for new and further disability. The judge erred by applying a psychiatrist's apportionment of non-industrial factors to the applicant's entire permanent disability rather than only to the increased disability. This misapplication led to an incorrect finding that the applicant's total disability was less than the previously stipulated award. The Board rescinded the judge's decision and returned the matter for further proceedings to correctly redetermine all issues related to the petition.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision that denied an applicant's petition to reopen for new and further disability. The judge erred by applying a psychiatrist's apportionment of non-industrial factors to the applicant's entire permanent disability rather than only to the increased disability. This misapplication led to an incorrect finding that the applicant's total disability was less than the previously stipulated award. The Board rescinded the judge's decision and returned the matter for further proceedings to correctly redetermine all issues related to the petition.
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