CompFox AI Summary
The Workers' Compensation Appeals Board overturned a prior finding, ruling that the applicant's industrial injury resulted in permanent total disability. The Board found the defendant failed to meet its burden of proof for apportioning disability to non-industrial factors, as the medical evaluator's opinion relied on an outdated legal standard. Consequently, the applicant is entitled to permanent total disability indemnity and further proceedings will determine attorney's fees and the present value of the award.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board overturned a prior finding, ruling that the applicant's industrial injury resulted in permanent total disability. The Board found the defendant failed to meet its burden of proof for apportioning disability to non-industrial factors, as the medical evaluator's opinion relied on an outdated legal standard. Consequently, the applicant is entitled to permanent total disability indemnity and further proceedings will determine attorney's fees and the present value of the award.
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