CompFox AI Summary
The Workers' Compensation Appeals Board denied the City of Oceanside's petition for reconsideration regarding John Laser's workers' compensation claim. The employer sought to apportion or offset a prior permanent disability award from a new award for continuous trauma injury. The Board adopted the WCJ's report, which found that apportionment was not permissible under Labor Code section 3213.2, which presumes industrial injury from a duty belt. The employer failed to provide sufficient medical evidence to demonstrate overlap between the prior and current injuries, thus not meeting their burden of proof for apportionment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the City of Oceanside's petition for reconsideration regarding John Laser's workers' compensation claim. The employer sought to apportion or offset a prior permanent disability award from a new award for continuous trauma injury. The Board adopted the WCJ's report, which found that apportionment was not permissible under Labor Code section 3213.2, which presumes industrial injury from a duty belt. The employer failed to provide sufficient medical evidence to demonstrate overlap between the prior and current injuries, thus not meeting their burden of proof for apportionment.
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