CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to correct a prior award that improperly included disability from an admitted non-industrial shoulder injury. The Board reduced the applicant's permanent disability rating from 24% to 16% by removing the shoulder component and found that the defendant failed to meet the burden of proof for apportioning head and neck injury disability due to a subsequent motor vehicle accident. Consequently, the award for permanent disability indemnity was adjusted to reflect the 16% rating.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to correct a prior award that improperly included disability from an admitted non-industrial shoulder injury. The Board reduced the applicant's permanent disability rating from 24% to 16% by removing the shoulder component and found that the defendant failed to meet the burden of proof for apportioning head and neck injury disability due to a subsequent motor vehicle accident. Consequently, the award for permanent disability indemnity was adjusted to reflect the 16% rating.
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