CompFox AI Summary
The WCAB granted reconsideration of a prior award finding 82% permanent disability due to industrial injuries to the applicant's psyche and internal systems. The primary reason for rescission was that the expert psychiatric evaluator applied an incorrect legal theory regarding apportionment of psyche disability by failing to consider non-work-related factors that are now apportionable under SB 899. The case is returned to the trial level for further development of the record, specifically concerning apportionment of psyche disability and potential consolidation of injury dates into a single cumulative trauma. The Board also instructed the WCJ to ensure the evidentiary record complies with exhibit listing rules.
Full Decision Text1 Pages
The WCAB granted reconsideration of a prior award finding 82% permanent disability due to industrial injuries to the applicant's psyche and internal systems. The primary reason for rescission was that the expert psychiatric evaluator applied an incorrect legal theory regarding apportionment of psyche disability by failing to consider non-work-related factors that are now apportionable under SB 899. The case is returned to the trial level for further development of the record, specifically concerning apportionment of psyche disability and potential consolidation of injury dates into a single cumulative trauma. The Board also instructed the WCJ to ensure the evidentiary record complies with exhibit listing rules.
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