CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of an award of 100% permanent total disability. The Board found that the medical opinions supporting the award were not substantial evidence because they failed to consider the latest orthopedic report which identified some complaints as non-industrial. Furthermore, the vocational expert's report was deficient as it relied on inadmissible rheumatology reports and did not account for the orthopedic findings. Consequently, the award was rescinded, and the case was returned to the trial level for further proceedings to develop the record.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of an award of 100% permanent total disability. The Board found that the medical opinions supporting the award were not substantial evidence because they failed to consider the latest orthopedic report which identified some complaints as non-industrial. Furthermore, the vocational expert's report was deficient as it relied on inadmissible rheumatology reports and did not account for the orthopedic findings. Consequently, the award was rescinded, and the case was returned to the trial level for further proceedings to develop the record.
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