CompFox AI Summary
The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. Defendant argued the judge erred by issuing a single award for permanent disability and failing to consider apportionment. The Board found the medical evidence regarding apportionment was inadequate and the judge incorrectly disregarded it, even though two QMEs had offered apportionment opinions. Therefore, the case was remanded to the trial level for proper assessment of permanent disability considering apportionment of distinct industrial injuries.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. Defendant argued the judge erred by issuing a single award for permanent disability and failing to consider apportionment. The Board found the medical evidence regarding apportionment was inadequate and the judge incorrectly disregarded it, even though two QMEs had offered apportionment opinions. Therefore, the case was remanded to the trial level for proper assessment of permanent disability considering apportionment of distinct industrial injuries.
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