CompFox AI Summary
The applicant sought reconsideration of a prior award, primarily contesting the exclusion of headaches and sleep apnea as industrial injuries and the rating methodology for lumbar spine and right knee injuries. The Appeals Board granted reconsideration, affirming that headaches and sleep apnea were not industrially caused but found the applicant entitled to a 15% increase in permanent disability. Crucially, the Board determined the Agreed Medical Examiner's alternative Almaraz/Guzman ratings for the lumbar spine and right knee were valid, requiring a return to the trial level for new rating instructions and further proceedings on permanent disability and apportionment.
Full Decision Text1 Pages
The applicant sought reconsideration of a prior award, primarily contesting the exclusion of headaches and sleep apnea as industrial injuries and the rating methodology for lumbar spine and right knee injuries. The Appeals Board granted reconsideration, affirming that headaches and sleep apnea were not industrially caused but found the applicant entitled to a 15% increase in permanent disability. Crucially, the Board determined the Agreed Medical Examiner's alternative Almaraz/Guzman ratings for the lumbar spine and right knee were valid, requiring a return to the trial level for new rating instructions and further proceedings on permanent disability and apportionment.
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