CompFox AI Summary
The Workers' Compensation Appeals Board rescinded a prior award and remanded the case to the trial level for further proceedings and a new decision. The rescission was based on the need to re-evaluate permanent disability and apportionment in light of the Benson decision, which changed the rules for apportionment from Wilkinson to a causation-based standard. The Board also found that further development of the record was required to clarify the apportionment percentages between the two industrial injuries.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded a prior award and remanded the case to the trial level for further proceedings and a new decision. The rescission was based on the need to re-evaluate permanent disability and apportionment in light of the Benson decision, which changed the rules for apportionment from Wilkinson to a causation-based standard. The Board also found that further development of the record was required to clarify the apportionment percentages between the two industrial injuries.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.