CompFox AI Summary
This Workers' Compensation Appeals Board decision denies both applicant and defendant's petitions for reconsideration. The Board affirmed the administrative law judge's finding of $33%$ permanent disability after apportionment, finding the Agreed Medical Evaluator's (AME) opinion on apportionment was based on expertise and constituted substantial evidence. The Board rejected defendant's claim that surgery was not medically necessary and thus not compensable. One Commissioner dissented on the apportionment issue, arguing the AME's opinion was speculative and lacked sufficient explanation.
Full Decision Text1 Pages
This Workers' Compensation Appeals Board decision denies both applicant and defendant's petitions for reconsideration. The Board affirmed the administrative law judge's finding of $33%$ permanent disability after apportionment, finding the Agreed Medical Evaluator's (AME) opinion on apportionment was based on expertise and constituted substantial evidence. The Board rejected defendant's claim that surgery was not medically necessary and thus not compensable. One Commissioner dissented on the apportionment issue, arguing the AME's opinion was speculative and lacked sufficient explanation.
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