Home/Case Law/JOSE RUBIO NUNEZ vs. MACON CONSTRUCTION, INC., CYPRESS INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE
Regular DecisionWorkers' Compensation

JOSE RUBIO NUNEZ vs. MACON CONSTRUCTION, INC., CYPRESS INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE

Filed: Mar 13, 2017
Riverside
ADJ6886760

CompFox AI Summary

This case concerns applicant Jose Rubio Nunez's claim for industrial injury to his neck, back, and right shoulder. The defendant employer sought reconsideration of a finding of 75% permanent disability without apportionment, arguing for 20% apportionment to non-industrial causes. The Board affirmed the original award but deferred the issues of permanent disability and attorney's fees for further proceedings. This decision allows for further development of the record regarding apportionment, as the prior opinions lacked specific explanation on how pre-existing degeneration translated to the proposed apportionment percentage.

Full Decision Text1 Pages

This case concerns applicant Jose Rubio Nunez's claim for industrial injury to his neck, back, and right shoulder. The defendant employer sought reconsideration of a finding of 75% permanent disability without apportionment, arguing for 20% apportionment to non-industrial causes. The Board affirmed the original award but deferred the issues of permanent disability and attorney's fees for further proceedings. This decision allows for further development of the record regarding apportionment, as the prior opinions lacked specific explanation on how pre-existing degeneration translated to the proposed apportionment percentage.

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