CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of prior findings and awards related to firefighter Felix Teran's injuries. Applicant argued the WCJ erred in classifying a 2003 injury as specific rather than cumulative, in excluding work restrictions from the rating, in subtracting prior disability awards without a proper overlap analysis, and in apportioning disability to non-industrial factors based on questionable medical evidence. The Board agreed with the WCJ's report that reconsideration was warranted and rescinded the previous findings. The case is returned to the trial level for further proceedings and a new decision consistent with the Board's opinion, which notes recent case law on apportionment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of prior findings and awards related to firefighter Felix Teran's injuries. Applicant argued the WCJ erred in classifying a 2003 injury as specific rather than cumulative, in excluding work restrictions from the rating, in subtracting prior disability awards without a proper overlap analysis, and in apportioning disability to non-industrial factors based on questionable medical evidence. The Board agreed with the WCJ's report that reconsideration was warranted and rescinded the previous findings. The case is returned to the trial level for further proceedings and a new decision consistent with the Board's opinion, which notes recent case law on apportionment.
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