CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review an award of 100% permanent disability for two industrial injuries. The defendant argued for separate disability awards based on apportionment between the two injuries, citing the Benson case, and challenged the Agreed Medical Examiner's (AME) opinion. The WCAB rescinded the original award and returned the case for further development of the medical record, specifically to clarify the AME's ability to separately rate the two injuries. The majority found the AME's reasoning for not separately rating the injuries was not consistent with applicable standards, while a dissenting commissioner believed the AME's determination was within his expertise and that the defendant failed to meet its apportionment burden.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review an award of 100% permanent disability for two industrial injuries. The defendant argued for separate disability awards based on apportionment between the two injuries, citing the Benson case, and challenged the Agreed Medical Examiner's (AME) opinion. The WCAB rescinded the original award and returned the case for further development of the medical record, specifically to clarify the AME's ability to separately rate the two injuries. The majority found the AME's reasoning for not separately rating the injuries was not consistent with applicable standards, while a dissenting commissioner believed the AME's determination was within his expertise and that the defendant failed to meet its apportionment burden.
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