CompFox AI Summary
The Appeals Board granted reconsideration to address the defendant's challenges to the original award, particularly concerning the application of the Wilkinson rule and apportionment of permanent disability. The Board rescinded the original decision, finding the Wilkinson rule is no longer generally applicable under Benson and requiring the WCJ to re-evaluate permanent disability and apportionment based on causation. The case is returned to the trial level for further proceedings and a new decision consistent with Benson, addressing potential issues of apportionment between the two alleged injuries.
ERMA LESTER vs. STATE OF CALIFORNIA/BOARD OF EQUALIZATION; SCIF 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 Appeals Board granted reconsideration to address the defendant's challenges to the original award, particularly concerning the application of the Wilkinson rule and apportionment of permanent disability. The Board rescinded the original decision, finding the Wilkinson rule is no longer generally applicable under Benson and requiring the WCJ to re-evaluate permanent disability and apportionment based on causation. The case is returned to the trial level for further proceedings and a new decision consistent with Benson, addressing potential issues of apportionment between the two alleged injuries.
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