CompFox AI Summary
The defendant sought reconsideration of a workers' compensation award for 100% permanent disability, arguing the administrative law judge erred by not apportioning the disability between two distinct injuries. The Appeals Board denied the petition, finding that the defendant failed to meet its burden to prove apportionment. The Board also noted that the stipulated joinder of the injuries and lack of apportionment evidence from the defendant supported an unapportioned award. Furthermore, the defendant's challenge to the attorney's fee award was insufficient.
Full Decision Text1 Pages
The defendant sought reconsideration of a workers' compensation award for 100% permanent disability, arguing the administrative law judge erred by not apportioning the disability between two distinct injuries. The Appeals Board denied the petition, finding that the defendant failed to meet its burden to prove apportionment. The Board also noted that the stipulated joinder of the injuries and lack of apportionment evidence from the defendant supported an unapportioned award. Furthermore, the defendant's challenge to the attorney's fee award was insufficient.
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