CompFox AI Summary
This case involves Jose Gonzalez seeking reconsideration of a Workers' Compensation Appeals Board decision that apportioned 10% of his permanent disability to a prior injury. The Board denied reconsideration, affirming the Administrative Law Judge's finding that the Agreed Medical Examiner's report on apportionment was substantial evidence. The applicant's argument that the AME's report was based on an incorrect history and that a new physician's report showed full recovery from the prior injury was rejected. The Board found that apportionment is based on causation, not solely on prior work restrictions, and that the applicant's new medical report was untimely.
Full Decision Text1 Pages
This case involves Jose Gonzalez seeking reconsideration of a Workers' Compensation Appeals Board decision that apportioned 10% of his permanent disability to a prior injury. The Board denied reconsideration, affirming the Administrative Law Judge's finding that the Agreed Medical Examiner's report on apportionment was substantial evidence. The applicant's argument that the AME's report was based on an incorrect history and that a new physician's report showed full recovery from the prior injury was rejected. The Board found that apportionment is based on causation, not solely on prior work restrictions, and that the applicant's new medical report was untimely.
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