CompFox AI Summary
The Appeals Board granted reconsideration to address the defendant's challenge to a finding of permanent total disability, which was based on the now largely inapplicable "Wilkinson rule" for combining injuries. The Board rescinded the prior award and returned the case to the trial level for reevaluation in light of the recent Benson decision, which mandates apportionment based on causation. The defendant can raise their other contentions, such as regarding fibromyalgia and self-procured treatment, in the subsequent proceedings.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address the defendant's challenge to a finding of permanent total disability, which was based on the now largely inapplicable "Wilkinson rule" for combining injuries. The Board rescinded the prior award and returned the case to the trial level for reevaluation in light of the recent Benson decision, which mandates apportionment based on causation. The defendant can raise their other contentions, such as regarding fibromyalgia and self-procured treatment, in the subsequent proceedings.
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