CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a decision apportioning 30% of the applicant's permanent disability to a pre-existing, non-industrial condition. The applicant's injury aggravated this DISH syndrome, and the Board found the Agreed Medical Examiner's opinion supporting apportionment constituted substantial evidence. The Board also rejected the applicant's argument that the judge improperly relied on an unadmitted report, as the relevant information was summarized within an admitted medical report.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a decision apportioning 30% of the applicant's permanent disability to a pre-existing, non-industrial condition. The applicant's injury aggravated this DISH syndrome, and the Board found the Agreed Medical Examiner's opinion supporting apportionment constituted substantial evidence. The Board also rejected the applicant's argument that the judge improperly relied on an unadmitted report, as the relevant information was summarized within an admitted medical report.
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