CompFox AI Summary
In this workers' compensation case, defendants sought reconsideration of an award of 100% permanent disability without apportionment. The Appeals Board granted the petitions, finding the medical evidence on apportionment unclear. The Board remanded the case for further proceedings, instructing that either apportionment must be clearly established by medical opinion meeting specific evidentiary standards or an unapportioned award will stand. The central issue is whether the Agreed Medical Evaluator can sufficiently apportion the applicant's total permanent disability between two distinct industrial injuries.
Full Decision Text1 Pages
In this workers' compensation case, defendants sought reconsideration of an award of 100% permanent disability without apportionment. The Appeals Board granted the petitions, finding the medical evidence on apportionment unclear. The Board remanded the case for further proceedings, instructing that either apportionment must be clearly established by medical opinion meeting specific evidentiary standards or an unapportioned award will stand. The central issue is whether the Agreed Medical Evaluator can sufficiently apportion the applicant's total permanent disability between two distinct industrial injuries.
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