CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision, finding it improperly determined liability and calculated permanent disability. The WCAB remanded the case for clarification on the nature of the injuries (cumulative versus specific) and the correct application of apportionment statutes, noting the original decision improperly combined multiple body part disabilities. Jurisdiction reserved for potential future increases in permanent disability was also questioned, as it's generally not applicable to orthopedic injuries from cumulative trauma. The case will proceed to a new trial level decision to ensure proper findings and application of relevant law.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision, finding it improperly determined liability and calculated permanent disability. The WCAB remanded the case for clarification on the nature of the injuries (cumulative versus specific) and the correct application of apportionment statutes, noting the original decision improperly combined multiple body part disabilities. Jurisdiction reserved for potential future increases in permanent disability was also questioned, as it's generally not applicable to orthopedic injuries from cumulative trauma. The case will proceed to a new trial level decision to ensure proper findings and application of relevant law.
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