CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the apportionment of permanent disability awards for applicant Anthony De Fazio. Applicant sustained three separate industrial injuries in 2002, 2003, and 2004, resulting in distinct permanent disability ratings. Applicant argued that all permanent disability should be awarded as a single lump sum due to intertwined work restrictions, citing Benson v. Permanente Medical Group. The WCAB rescinded the prior decision and returned the matter to the trial level. This was done to allow for new rating instructions that would apply the "common restriction" to each injury, with a specific instruction for the workers' compensation judge to consider any overlap in disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the apportionment of permanent disability awards for applicant Anthony De Fazio. Applicant sustained three separate industrial injuries in 2002, 2003, and 2004, resulting in distinct permanent disability ratings. Applicant argued that all permanent disability should be awarded as a single lump sum due to intertwined work restrictions, citing Benson v. Permanente Medical Group. The WCAB rescinded the prior decision and returned the matter to the trial level. This was done to allow for new rating instructions that would apply the "common restriction" to each injury, with a specific instruction for the workers' compensation judge to consider any overlap in disability.
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