CompFox AI Summary
This Workers' Compensation Appeals Board decision clarifies permanent disability apportionment for an applicant with a prior low back injury. The Board affirmed a 50% apportionment to "other factors," which included the prior injury, and calculated the compensable permanent disability at 26.5% after applying the Supreme Court's ruling in Brodie. Consequently, the applicant's attorney's fee was set at 15% of the awarded permanent disability indemnity.
Full Decision Text1 Pages
This Workers' Compensation Appeals Board decision clarifies permanent disability apportionment for an applicant with a prior low back injury. The Board affirmed a 50% apportionment to "other factors," which included the prior injury, and calculated the compensable permanent disability at 26.5% after applying the Supreme Court's ruling in Brodie. Consequently, the applicant's attorney's fee was set at 15% of the awarded permanent disability indemnity.
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