CompFox AI Summary
In this workers' compensation case, the defendant sought reconsideration of an award finding the applicant 100% permanently disabled without apportionment. The Appeals Board denied the petition, upholding the finding that the applicant's total disability stemmed directly from unsuccessful spinal surgery following an industrial injury. The Board relied on the Hikida case, which permits unapportioned awards when permanent disability arises directly from unsuccessful medical treatment, even if non-industrial factors contributed to the need for that treatment. Prior stipulations regarding apportionment were deemed not binding on new and further disability claims arising from failed surgery syndrome.
Full Decision Text1 Pages
In this workers' compensation case, the defendant sought reconsideration of an award finding the applicant 100% permanently disabled without apportionment. The Appeals Board denied the petition, upholding the finding that the applicant's total disability stemmed directly from unsuccessful spinal surgery following an industrial injury. The Board relied on the Hikida case, which permits unapportioned awards when permanent disability arises directly from unsuccessful medical treatment, even if non-industrial factors contributed to the need for that treatment. Prior stipulations regarding apportionment were deemed not binding on new and further disability claims arising from failed surgery syndrome.
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