CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of 100% permanent disability. The Board found the Administrative Law Judge erred by failing to adequately address apportionment of permanent disability to nonindustrial factors, despite medical evidence suggesting such apportionment. The vocational expert's testimony was questioned for not reviewing all relevant reports and lacking a written report without good cause. The case was remanded for further proceedings to develop the record on apportionment and the vocational expert's testimony.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of 100% permanent disability. The Board found the Administrative Law Judge erred by failing to adequately address apportionment of permanent disability to nonindustrial factors, despite medical evidence suggesting such apportionment. The vocational expert's testimony was questioned for not reviewing all relevant reports and lacking a written report without good cause. The case was remanded for further proceedings to develop the record on apportionment and the vocational expert's testimony.
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