CompFox AI Summary
The Appeals Board granted reconsideration to address the applicant's contentions regarding apportionment of permanent disability and the denial of permanent and total disability. The Board found that the defendant failed to meet its burden of proof for apportionment, as the medical expert's opinion lacked substantial evidence and detail. Consequently, the applicant is entitled to an unapportioned award of permanent and total disability. The case is returned to the trial level for further proceedings to determine the award and attorney's fees.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address the applicant's contentions regarding apportionment of permanent disability and the denial of permanent and total disability. The Board found that the defendant failed to meet its burden of proof for apportionment, as the medical expert's opinion lacked substantial evidence and detail. Consequently, the applicant is entitled to an unapportioned award of permanent and total disability. The case is returned to the trial level for further proceedings to determine the award and attorney's fees.
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