CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a lower decision that awarded 79% permanent partial disability without apportionment between two industrial injuries. The Board found the orthopedic Agreed Medical Examiner's opinion lacked substantial evidence because it did not sufficiently apportion disability to each specific injury as required by law. Consequently, the matter was returned to the trial level to obtain a supplemental medical report from the examiner. This report must clarify the percentage of impairment attributable to each of the two work-related injuries.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a lower decision that awarded 79% permanent partial disability without apportionment between two industrial injuries. The Board found the orthopedic Agreed Medical Examiner's opinion lacked substantial evidence because it did not sufficiently apportion disability to each specific injury as required by law. Consequently, the matter was returned to the trial level to obtain a supplemental medical report from the examiner. This report must clarify the percentage of impairment attributable to each of the two work-related injuries.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.