CompFox AI Summary
The Appeals Board granted reconsideration because the Workers' Compensation Judge may have applied an incorrect legal standard for apportioning permanent disability following a petition to reopen. Applicant sustained an admitted industrial injury in 1998, and a prior award included 40% permanent disability. The judge's decision apportioned one-third of the total permanent disability to non-industrial factors, rather than apportioning only the increased permanent disability above the prior award. The matter is returned to the trial level to develop the medical record and reconsider the extent and apportionment of increased permanent disability.
AMELIA CARDENAS vs. BON APPETITE, TRAVELERS PROPERTY CASUALTY is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Appeals Board granted reconsideration because the Workers' Compensation Judge may have applied an incorrect legal standard for apportioning permanent disability following a petition to reopen. Applicant sustained an admitted industrial injury in 1998, and a prior award included 40% permanent disability. The judge's decision apportioned one-third of the total permanent disability to non-industrial factors, rather than apportioning only the increased permanent disability above the prior award. The matter is returned to the trial level to develop the medical record and reconsider the extent and apportionment of increased permanent disability.
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