CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a decision that apportioned 15% of the applicant's orthopedic disability to non-industrial factors, reducing her permanent disability award. The Board found that the apportionment of increased disability under SB 899 cannot revisit a prior final award and returned the case for further development of the record regarding the apportionment of the increase in disability only. The applicant contended that the apportionment amendment was improperly applied to her pre-existing award, and the Board agreed that further medical evaluation is needed on this specific issue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a decision that apportioned 15% of the applicant's orthopedic disability to non-industrial factors, reducing her permanent disability award. The Board found that the apportionment of increased disability under SB 899 cannot revisit a prior final award and returned the case for further development of the record regarding the apportionment of the increase in disability only. The applicant contended that the apportionment amendment was improperly applied to her pre-existing award, and the Board agreed that further medical evaluation is needed on this specific issue.
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