CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and reduced the applicant's permanent disability award from 60% to 49%. This reduction was based on apportioning 30% of the applicant's psychiatric permanent disability to non-industrial factors, specifically a pre-existing personality disorder, as opined by Dr. Cooper. The Board found Dr. Cooper's apportionment medically substantial evidence, consistent with current legal standards requiring apportionment based on causation. The award and attorney's fees were subsequently amended to reflect the reduced permanent disability percentage.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and reduced the applicant's permanent disability award from 60% to 49%. This reduction was based on apportioning 30% of the applicant's psychiatric permanent disability to non-industrial factors, specifically a pre-existing personality disorder, as opined by Dr. Cooper. The Board found Dr. Cooper's apportionment medically substantial evidence, consistent with current legal standards requiring apportionment based on causation. The award and attorney's fees were subsequently amended to reflect the reduced permanent disability percentage.
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