CompFox AI Summary
The Workers' Compensation Appeals Board rescinded the prior award and returned the case for further proceedings, finding that Labor Code section 4664 regarding apportionment was inapplicable due to differing rating systems. However, the Board determined that further development of the record was necessary under Labor Code section 4663 to clarify the physician's apportionment of permanent disability to prior injuries. The defendant bears the burden of proof for apportionment, and any supplemental medical opinions must meet substantial evidence standards.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded the prior award and returned the case for further proceedings, finding that Labor Code section 4664 regarding apportionment was inapplicable due to differing rating systems. However, the Board determined that further development of the record was necessary under Labor Code section 4663 to clarify the physician's apportionment of permanent disability to prior injuries. The defendant bears the burden of proof for apportionment, and any supplemental medical opinions must meet substantial evidence standards.
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