CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded prior decisions, and returned the cases to the trial level for further proceedings. This action was taken because the Board found the Administrative Law Judge erred in concluding that the concept of permanent disability overlap was repealed by SB 899, and the medical evidence regarding apportionment and the timing of permanent and stationary status was insufficient. The Board specifically noted that apportionment must be based on causation and that employers are only liable for the percentage of disability directly caused by the industrial injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded prior decisions, and returned the cases to the trial level for further proceedings. This action was taken because the Board found the Administrative Law Judge erred in concluding that the concept of permanent disability overlap was repealed by SB 899, and the medical evidence regarding apportionment and the timing of permanent and stationary status was insufficient. The Board specifically noted that apportionment must be based on causation and that employers are only liable for the percentage of disability directly caused by the industrial injury.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.