CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, amending the applicant's permanent disability rating from 70% to 78%. The Board found the Agreed Medical Evaluator's apportionment of two-thirds of the disability to non-industrial causes lacked substantial medical evidence. Specifically, the AME failed to adequately explain how degenerative conditions contributed to the applicant's current disability, leading the Board to affirm the WCJ's decision without apportionment. The revised award reflects 78% permanent disability and a life pension.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, amending the applicant's permanent disability rating from 70% to 78%. The Board found the Agreed Medical Evaluator's apportionment of two-thirds of the disability to non-industrial causes lacked substantial medical evidence. Specifically, the AME failed to adequately explain how degenerative conditions contributed to the applicant's current disability, leading the Board to affirm the WCJ's decision without apportionment. The revised award reflects 78% permanent disability and a life pension.
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