Home/Case Law/KENNETH MANES vs. TENNECO INC.; ACE
Regular DecisionReconsideration

KENNETH MANES vs. TENNECO INC.; ACE

Filed: Jul 28, 2010
San Francisco
ADJ4219029

CompFox AI Summary

In this workers' compensation case, the Appeals Board denied the defendant's petition for reconsideration. The defendant sought to apportion 2% of the applicant's permanent total disability to non-industrial factors, as determined by the agreed medical examiner (AME). However, the Board found the AME's apportionment opinion lacked substantial evidence, failing to explain the causal link between the applicant's non-industrial activities and his disability. The Board affirmed the original award of permanent total disability without apportionment, as the defendant failed to meet its burden of proof.

Full Decision Text1 Pages

In this workers' compensation case, the Appeals Board denied the defendant's petition for reconsideration. The defendant sought to apportion 2% of the applicant's permanent total disability to non-industrial factors, as determined by the agreed medical examiner (AME). However, the Board found the AME's apportionment opinion lacked substantial evidence, failing to explain the causal link between the applicant's non-industrial activities and his disability. The Board affirmed the original award of permanent total disability without apportionment, as the defendant failed to meet its burden of proof.

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