CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and remanded the case to the trial level for recalculation of the permanent disability award. The Board found that the Agreed Medical Evaluator's (AME) opinion of November 8, 2007, which attributed 50% of the applicant's increased permanent disability to non-industrial degenerative changes supported by MRI studies, constituted substantial evidence. This opinion superseded the previous award, which did not adequately account for these degenerative conditions. Therefore, the Workers' Compensation Judge must now recalculate the permanent disability award based on this 50% non-industrial apportionment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and remanded the case to the trial level for recalculation of the permanent disability award. The Board found that the Agreed Medical Evaluator's (AME) opinion of November 8, 2007, which attributed 50% of the applicant's increased permanent disability to non-industrial degenerative changes supported by MRI studies, constituted substantial evidence. This opinion superseded the previous award, which did not adequately account for these degenerative conditions. Therefore, the Workers' Compensation Judge must now recalculate the permanent disability award based on this 50% non-industrial apportionment.
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