CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration for both the applicant and defendant, remanding the case for further proceedings. The Board found that the vocational expert's testimony regarding 100% permanent disability was not substantial evidence due to its failure to account for apportionment of non-industrial factors. Conversely, the Board found the psychiatric QME's opinion to be substantial, properly addressing non-industrial causes. The case is returned to the trial level to address the applicant's due process objection to rating instructions and to reconsider permanent disability, apportionment, and attorney fees.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration for both the applicant and defendant, remanding the case for further proceedings. The Board found that the vocational expert's testimony regarding 100% permanent disability was not substantial evidence due to its failure to account for apportionment of non-industrial factors. Conversely, the Board found the psychiatric QME's opinion to be substantial, properly addressing non-industrial causes. The case is returned to the trial level to address the applicant's due process objection to rating instructions and to reconsider permanent disability, apportionment, and attorney fees.
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