Home/Case Law/DARRELL JACKSON vs. LAIDLAW TRANSIT, AMERICAN HOME ASSURANCE, BROADSPIRE
Regular DecisionReconsideration

DARRELL JACKSON vs. LAIDLAW TRANSIT, AMERICAN HOME ASSURANCE, BROADSPIRE

Filed: Oct 20, 2008
ADJ1727613 (OAK 0312236) ADJ1513016 (OAK 0320359)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration because the original decision improperly attributed applicant's permanent disability solely to the July 19, 2001 injury, lacking substantial medical evidence for apportionment between the two industrial injuries. The Board rescinded the prior award and returned the case for further record development regarding causation and apportionment of permanent disability between the 2001 and 2002 injuries. The trial judge must now ensure that medical opinions adequately explain their conclusions on how each injury contributed to the applicant's permanent disability before issuing a new decision.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration because the original decision improperly attributed applicant's permanent disability solely to the July 19, 2001 injury, lacking substantial medical evidence for apportionment between the two industrial injuries. The Board rescinded the prior award and returned the case for further record development regarding causation and apportionment of permanent disability between the 2001 and 2002 injuries. The trial judge must now ensure that medical opinions adequately explain their conclusions on how each injury contributed to the applicant's permanent disability before issuing a new decision.

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