CompFox AI Summary
The defendant sought reconsideration of the original award finding the applicant 100% permanently totally disabled due to fibromyalgia resulting from a specific injury on September 23, 1998. The defendant argued for apportionment of disability between specific and cumulative injuries, and to non-industrial causes. The Appeals Board granted reconsideration to clarify that the 100% permanent total disability award solely stems from the specified injury and rescinded the original award. The Board adopted the WCJ's reasoning that medical evidence did not support apportionment, and the defendant failed to pursue further discovery to challenge existing evaluations.
Full Decision Text1 Pages
The defendant sought reconsideration of the original award finding the applicant 100% permanently totally disabled due to fibromyalgia resulting from a specific injury on September 23, 1998. The defendant argued for apportionment of disability between specific and cumulative injuries, and to non-industrial causes. The Appeals Board granted reconsideration to clarify that the 100% permanent total disability award solely stems from the specified injury and rescinded the original award. The Board adopted the WCJ's reasoning that medical evidence did not support apportionment, and the defendant failed to pursue further discovery to challenge existing evaluations.
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