CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award because the judge failed to adequately explain the basis for finding 100% permanent disability as required by Labor Code section 5313. The Board found inconsistencies in the judge's reasoning regarding medical opinions and apportionment. The case is returned to the trial level for the judge to either obtain a formal disability rating or provide a comprehensive explanation of the permanent disability determination. Defendant's request to reopen the record for new evidence regarding the applicant's work activities was denied due to lack of proper offer of proof and diligence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award because the judge failed to adequately explain the basis for finding 100% permanent disability as required by Labor Code section 5313. The Board found inconsistencies in the judge's reasoning regarding medical opinions and apportionment. The case is returned to the trial level for the judge to either obtain a formal disability rating or provide a comprehensive explanation of the permanent disability determination. Defendant's request to reopen the record for new evidence regarding the applicant's work activities was denied due to lack of proper offer of proof and diligence.
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