CompFox AI Summary
This case concerns a worker's compensation claim for bilateral knee injuries. The Appeals Board granted reconsideration to correct a clerical error in the applicant's average weekly earnings and, crucially, to re-evaluate the permanent disability apportionment. The Board found the administrative law judge erred in applying an outdated "but for" standard for apportionment and correctly applied the causation-based standard from Labor Code section 4663. Consequently, the applicant's permanent disability was reduced from 45% to 24% after apportionment, and the attorney's fee was adjusted accordingly.
Full Decision Text1 Pages
This case concerns a worker's compensation claim for bilateral knee injuries. The Appeals Board granted reconsideration to correct a clerical error in the applicant's average weekly earnings and, crucially, to re-evaluate the permanent disability apportionment. The Board found the administrative law judge erred in applying an outdated "but for" standard for apportionment and correctly applied the causation-based standard from Labor Code section 4663. Consequently, the applicant's permanent disability was reduced from 45% to 24% after apportionment, and the attorney's fee was adjusted accordingly.
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