CompFox AI Summary
The Workers' Compensation Appeals Board reconsidered an applicant's claim for spine injury, affirming the initial finding of injuryAOE/COE. While the original award found 15% permanent disability, the Board increased it to 28% after determining the Qualified Medical Examiner's apportionment of disability to non-industrial factors lacked substantial evidentiary support. The Board found the QME's report and deposition did not sufficiently explain how and why specific factors caused the apportioned percentages of disability. Consequently, the applicant's disability was rated without apportionment, leading to the increased permanent disability award and adjusted attorney fees.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board reconsidered an applicant's claim for spine injury, affirming the initial finding of injuryAOE/COE. While the original award found 15% permanent disability, the Board increased it to 28% after determining the Qualified Medical Examiner's apportionment of disability to non-industrial factors lacked substantial evidentiary support. The Board found the QME's report and deposition did not sufficiently explain how and why specific factors caused the apportioned percentages of disability. Consequently, the applicant's disability was rated without apportionment, leading to the increased permanent disability award and adjusted attorney fees.
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