CompFox AI Summary
The Appeals Board rescinded the prior award of 100% permanent disability due to an industrial injury sustained by the applicant, a correctional officer. The Board found that the vocational expert's opinion on total loss of earning capacity was not substantial evidence because it failed to properly apportion disability to non-industrial factors, a duty that falls on the WCJ, not the rater. Issues of permanent disability, apportionment, and attorney fees were deferred and returned to the trial level for further development of the record and reconsideration.
Full Decision Text1 Pages
The Appeals Board rescinded the prior award of 100% permanent disability due to an industrial injury sustained by the applicant, a correctional officer. The Board found that the vocational expert's opinion on total loss of earning capacity was not substantial evidence because it failed to properly apportion disability to non-industrial factors, a duty that falls on the WCJ, not the rater. Issues of permanent disability, apportionment, and attorney fees were deferred and returned to the trial level for further development of the record and reconsideration.
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