CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The defendant argued that the psychiatric AME should have apportioned disability based on the orthopedic AME's 50/50 split between industrial injury and degenerative changes. The Board found no legal precedent requiring such mandatory adherence and noted the defendant's failure to depose the psychiatric AME to challenge their apportionment. Consequently, the defendant's failure to test the psychiatric AME's opinion waived their right to complain on reconsideration.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The defendant argued that the psychiatric AME should have apportioned disability based on the orthopedic AME's 50/50 split between industrial injury and degenerative changes. The Board found no legal precedent requiring such mandatory adherence and noted the defendant's failure to depose the psychiatric AME to challenge their apportionment. Consequently, the defendant's failure to test the psychiatric AME's opinion waived their right to complain on reconsideration.
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