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The Workers' Compensation Appeals Board (WCAB) affirmed its prior decision finding applicant's permanent disability subject to apportionment. The WCAB found the Agreed Medical Evaluator's (AME) opinion that 50% of applicant's disability was industrially caused and 50% due to prior factors to be substantial medical evidence. Applicant's contention that apportionment was not proven was rejected, upholding the AME's conclusion on the basis of the medical reporting. One commissioner dissented, arguing the AME's opinion was inconsistent and lacked sufficient explanation for apportionment.
DONALD VIEIRA vs. BERKELEY OAKLAND SUPPORT SYSTEM, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) affirmed its prior decision finding applicant's permanent disability subject to apportionment. The WCAB found the Agreed Medical Evaluator's (AME) opinion that 50% of applicant's disability was industrially caused and 50% due to prior factors to be substantial medical evidence. Applicant's contention that apportionment was not proven was rejected, upholding the AME's conclusion on the basis of the medical reporting. One commissioner dissented, arguing the AME's opinion was inconsistent and lacked sufficient explanation for apportionment.
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