CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge (WCJ) failed to address apportionment of permanent disability, which is mandated by statute. The Board found that the WCJ erred in her interpretation of apportionment requirements and the physician's opinion regarding pre-existing fibromyalgia was not substantial evidence. The case is returned to the trial level for a new decision that includes a proper apportionment of the applicant's permanent disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge (WCJ) failed to address apportionment of permanent disability, which is mandated by statute. The Board found that the WCJ erred in her interpretation of apportionment requirements and the physician's opinion regarding pre-existing fibromyalgia was not substantial evidence. The case is returned to the trial level for a new decision that includes a proper apportionment of the applicant's permanent disability.
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