CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award finding applicant totally disabled. The WCAB found the applicant is not permanently totally disabled based on AME Luciano's opinion and the parties' stipulation that 15% of the disability is attributable to non-industrial causes. Consequently, the WCAB rescinded the total disability finding and substituted it with an award of 85.25% permanent disability after 15% apportionment. The matter was returned to the trial level for further proceedings and decision regarding permanent disability and attorney fees.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award finding applicant totally disabled. The WCAB found the applicant is not permanently totally disabled based on AME Luciano's opinion and the parties' stipulation that 15% of the disability is attributable to non-industrial causes. Consequently, the WCAB rescinded the total disability finding and substituted it with an award of 85.25% permanent disability after 15% apportionment. The matter was returned to the trial level for further proceedings and decision regarding permanent disability and attorney fees.
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