CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address an applicant's 100% permanent disability award for cumulative trauma, including fibromyalgia. The defendant, Ralphs Grocery Company, argued for apportionment to a prior 44% permanent disability award, citing Dr. Silverman's conflicting medical reports on apportionment for fibromyalgia. The Board found Dr. Silverman's reasoning on apportionment unclear and contradictory between his 2000 and 2010 reports. Therefore, the case was returned to the trial level for further clarification on Dr. Silverman's apportionment opinions regarding the fibromyalgia disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address an applicant's 100% permanent disability award for cumulative trauma, including fibromyalgia. The defendant, Ralphs Grocery Company, argued for apportionment to a prior 44% permanent disability award, citing Dr. Silverman's conflicting medical reports on apportionment for fibromyalgia. The Board found Dr. Silverman's reasoning on apportionment unclear and contradictory between his 2000 and 2010 reports. Therefore, the case was returned to the trial level for further clarification on Dr. Silverman's apportionment opinions regarding the fibromyalgia disability.
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