CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a decision that apportioned 75% of the applicant's disability to non-industrial factors based on the Agreed Medical Examiner's (AME) opinion. The Board found that the AME's apportionment might have been based on the cause of the injury rather than the cause of the disability, which is an incorrect legal standard. Therefore, the Board deferred the issues of permanent disability, apportionment, and attorney's fees and returned the case to the trial level for further development of the record on apportionment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a decision that apportioned 75% of the applicant's disability to non-industrial factors based on the Agreed Medical Examiner's (AME) opinion. The Board found that the AME's apportionment might have been based on the cause of the injury rather than the cause of the disability, which is an incorrect legal standard. Therefore, the Board deferred the issues of permanent disability, apportionment, and attorney's fees and returned the case to the trial level for further development of the record on apportionment.
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