CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address significant concerns regarding the permanent disability rating and apportionment. The applicant appealed a 75% permanent disability award, seeking 100% and arguing the defendant failed to prove apportionment to non-industrial factors or a prior injury. The Board found issues with the WCJ's method of apportioning disability based on a range of evidence instead of medical evaluations and noted missing exhibits. The case is returned to the trial level for further proceedings, including a formal rating from the Disability Evaluation Unit, to correct these issues.
Arthur Viray vs. Pacific Gas & Electric is a workers' compensation case decided in Oakland. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Oakland.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address significant concerns regarding the permanent disability rating and apportionment. The applicant appealed a 75% permanent disability award, seeking 100% and arguing the defendant failed to prove apportionment to non-industrial factors or a prior injury. The Board found issues with the WCJ's method of apportioning disability based on a "range of evidence" instead of medical evaluations and noted missing exhibits. The case is returned to the trial level for further proceedings, including a formal rating from the Disability Evaluation Unit, to correct these issues.
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