CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's award, finding that the record on permanent disability and apportionment was insufficiently developed. While the judge found the defendant's Agreed Medical Evaluator's apportionment opinion unsubstantial, they erred by issuing an unapportioned award without further record development. The Board will defer permanent disability and apportionment for further development, potentially with a new physician, to ensure substantial justice and allow parties to meet their respective burdens. The issues of attorney fees and the EDD lien are also deferred.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's award, finding that the record on permanent disability and apportionment was insufficiently developed. While the judge found the defendant's Agreed Medical Evaluator's apportionment opinion unsubstantial, they erred by issuing an unapportioned award without further record development. The Board will defer permanent disability and apportionment for further development, potentially with a new physician, to ensure substantial justice and allow parties to meet their respective burdens. The issues of attorney fees and the EDD lien are also deferred.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.