CompFox AI Summary
This case involves an applicant with a prior low back injury award who sustained a specific back injury in 2002 and cumulative injuries to her back and upper extremities through 2006. The WCJ awarded 75% permanent disability, including a 15% increase under Labor Code section 4658(d), finding the disabilities inseparable. The defendant sought reconsideration, arguing the disabilities were separable and the Ogilvie calculation was improperly applied. The Appeals Board rescinded the award, finding the medical evidence regarding apportionment and the basis for the disability rating insufficient. The matter was returned to the trial level for further proceedings to develop the record.
Full Decision Text1 Pages
This case involves an applicant with a prior low back injury award who sustained a specific back injury in 2002 and cumulative injuries to her back and upper extremities through 2006. The WCJ awarded 75% permanent disability, including a 15% increase under Labor Code section 4658(d), finding the disabilities inseparable. The defendant sought reconsideration, arguing the disabilities were separable and the Ogilvie calculation was improperly applied. The Appeals Board rescinded the award, finding the medical evidence regarding apportionment and the basis for the disability rating insufficient. The matter was returned to the trial level for further proceedings to develop the record.
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