CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the Agreed Medical Examiner's (AME) apportionment of permanent disability to be insufficiently supported. The Board determined that Dr. Tapper's reports and deposition lacked a clear explanation of how the applicant's current injuries causally related to his permanent disability, especially considering prior injuries and his shifting apportionment opinions. Consequently, the case was returned to the trial level for further development of the medical record regarding apportionment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the Agreed Medical Examiner's (AME) apportionment of permanent disability to be insufficiently supported. The Board determined that Dr. Tapper's reports and deposition lacked a clear explanation of how the applicant's current injuries causally related to his permanent disability, especially considering prior injuries and his shifting apportionment opinions. Consequently, the case was returned to the trial level for further development of the medical record regarding apportionment.
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