CompFox AI Summary
The Appeals Board granted reconsideration of the WCJ's decision finding 84% permanent disability due to lack of substantial medical evidence. The Board found the existing orthopedic and psychiatric reports deficient for failing to adequately address history and apportionment. While the statute of limitations defense was not explicitly ruled upon, the Board found no error in the WCJ's implicit finding that the claim was not barred. The matter is returned to the trial level for further development of the record, ideally through Agreed Medical Examiners.
Full Decision Text1 Pages
The Appeals Board granted reconsideration of the WCJ's decision finding 84% permanent disability due to lack of substantial medical evidence. The Board found the existing orthopedic and psychiatric reports deficient for failing to adequately address history and apportionment. While the statute of limitations defense was not explicitly ruled upon, the Board found no error in the WCJ's implicit finding that the claim was not barred. The matter is returned to the trial level for further development of the record, ideally through Agreed Medical Examiners.
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