SHIRLEY SHAW vs. SETON MEDICAL CENTER, Permissibly Self-Insured and Administered by OCTAGON RISK SERVICES

This case involves a dispute over the apportionment of permanent disability for Shirley Shaw's left shoulder and neck injury. The employer sought reconsideration of an award finding $34%$ permanent disability, arguing the judge erred by not apportioning $30%$ of the disability to a pre-existing condition as suggested by the Agreed Medical Examiner. The Appeals Board granted reconsideration, rescinded the award, and returned the case for further proceedings on apportionment, noting the defendant did not waive the issue and that the AME's apportionment lacked sufficient detail.