CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of an apportionment decision. The applicant claimed her back injury and subsequent disability were entirely work-related and that she had no prior back issues. However, an Agreed Medical Evaluator (AME) found that pre-existing degenerative disc disease and scoliosis, evidenced by an MRI, were responsible for 50% of the applicant's permanent disability. The Board upheld the WCJ's decision to apportion based on the AME's opinion, as apportionment is permissible even for asymptomatic pre-existing conditions.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of an apportionment decision. The applicant claimed her back injury and subsequent disability were entirely work-related and that she had no prior back issues. However, an Agreed Medical Evaluator (AME) found that pre-existing degenerative disc disease and scoliosis, evidenced by an MRI, were responsible for 50% of the applicant's permanent disability. The Board upheld the WCJ's decision to apportion based on the AME's opinion, as apportionment is permissible even for asymptomatic pre-existing conditions.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.