CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record regarding permanent disability apportionment for Caleb Chua. The original award found 30% permanent disability, apportioned by the WCJ based on Dr. Burstein's opinion. Applicant contended this apportionment was improperly based on pre-existing factors without substantial medical evidence, while his treating physician, Dr. Miller, supported a higher industrial causation. The Board found neither physician's apportionment opinion met the required legal standards for substantial evidence, necessitating further development of the record on this issue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record regarding permanent disability apportionment for Caleb Chua. The original award found 30% permanent disability, apportioned by the WCJ based on Dr. Burstein's opinion. Applicant contended this apportionment was improperly based on pre-existing factors without substantial medical evidence, while his treating physician, Dr. Miller, supported a higher industrial causation. The Board found neither physician's apportionment opinion met the required legal standards for substantial evidence, necessitating further development of the record on this issue.
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