CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award finding the applicant permanently totally disabled. The defendant argued the applicant should not be allowed to include psychological and sleep disorder injuries, that the sleep disorder rating was improperly duplicated, and that the vocational expert failed to account for apportionment. The Board affirmed the WCJ's decision, finding the defendant stipulated to the inclusion of psychological and sleep disorder injuries. Furthermore, the medical and vocational evidence supported the permanent total disability finding even without those additions, and the defendant waived the apportionment issue by not challenging the WCJ's finding of no legal basis for apportionment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award finding the applicant permanently totally disabled. The defendant argued the applicant should not be allowed to include psychological and sleep disorder injuries, that the sleep disorder rating was improperly duplicated, and that the vocational expert failed to account for apportionment. The Board affirmed the WCJ's decision, finding the defendant stipulated to the inclusion of psychological and sleep disorder injuries. Furthermore, the medical and vocational evidence supported the permanent total disability finding even without those additions, and the defendant waived the apportionment issue by not challenging the WCJ's finding of no legal basis for apportionment.
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