CompFox AI Summary
The Appeals Board rescinded the prior award and returned the case for further proceedings, requiring a new WCJ to reconsider permanent disability and apportionment based on Benson v. The Permanente Medical Group. The WCJ must determine which Permanent Disability Rating Schedule applies to each injury and may need to further develop the medical record to ensure substantial evidence supports any findings. The decision emphasizes that Benson's rule on apportionment based on causation is now binding.
Full Decision Text1 Pages
The Appeals Board rescinded the prior award and returned the case for further proceedings, requiring a new WCJ to reconsider permanent disability and apportionment based on Benson v. The Permanente Medical Group. The WCJ must determine which Permanent Disability Rating Schedule applies to each injury and may need to further develop the medical record to ensure substantial evidence supports any findings. The decision emphasizes that Benson's rule on apportionment based on causation is now binding.
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