CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for further proceedings. The Board found that the Agreed Medical Examiner's (AME) opinion on apportionment was substantial evidence, despite the original judge's finding of 100% permanent disability. The AME concluded that 25% of the applicant's permanent disability was attributable to pre-existing degenerative arthritis, consistent with recent legislative changes requiring apportionment based on causation. The Board determined that the AME's report met the criteria for substantial evidence, necessitating a re-evaluation of the disability rating.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for further proceedings. The Board found that the Agreed Medical Examiner's (AME) opinion on apportionment was substantial evidence, despite the original judge's finding of 100% permanent disability. The AME concluded that 25% of the applicant's permanent disability was attributable to pre-existing degenerative arthritis, consistent with recent legislative changes requiring apportionment based on causation. The Board determined that the AME's report met the criteria for substantial evidence, necessitating a re-evaluation of the disability rating.
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