CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case for further proceedings. Applicant contested a 93% permanent disability award, arguing the Agreed Medical Examiner (AME) should have directed impairments to be added rather than combined, which would result in 100% disability. The Board found the trial judge erred in rejecting the AME's opinion solely due to the potential for a rating exceeding 100%, which is legally permissible. The matter was remanded for the AME to clarify their reasoning for the additive rating method.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case for further proceedings. Applicant contested a 93% permanent disability award, arguing the Agreed Medical Examiner (AME) should have directed impairments to be added rather than combined, which would result in 100% disability. The Board found the trial judge erred in rejecting the AME's opinion solely due to the potential for a rating exceeding 100%, which is legally permissible. The matter was remanded for the AME to clarify their reasoning for the additive rating method.
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