CompFox AI Summary
This case concerns an appeal regarding the apportionment of permanent disability for an industrial injury. The Workers' Compensation Appeals Board granted reconsideration, overturning a prior decision. They found that the Agreed Medical Evaluator's opinion on apportionment constituted substantial evidence, contrary to the initial administrative law judge's finding. Therefore, the Board amended the award to apportion 50 percent of the applicant's permanent disability to pre-existing non-industrial factors. Additionally, the Board clarified that medical-legal costs should not be deducted from the applicant's permanent disability award.
Full Decision Text1 Pages
This case concerns an appeal regarding the apportionment of permanent disability for an industrial injury. The Workers' Compensation Appeals Board granted reconsideration, overturning a prior decision. They found that the Agreed Medical Evaluator's opinion on apportionment constituted substantial evidence, contrary to the initial administrative law judge's finding. Therefore, the Board amended the award to apportion 50 percent of the applicant's permanent disability to pre-existing non-industrial factors. Additionally, the Board clarified that medical-legal costs should not be deducted from the applicant's permanent disability award.
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