CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to further develop the record on the issue of apportionment of permanent disability. The Board found that the Administrative Law Judge erred in relying on medical opinions that did not clearly delineate the apportionment of the applicant's right knee disability, especially considering a prior injury award. The case is remanded to the trial level for further proceedings to clarify which percentage of the applicant's current disability is attributable to the prior injury, the current injury, and other factors.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to further develop the record on the issue of apportionment of permanent disability. The Board found that the Administrative Law Judge erred in relying on medical opinions that did not clearly delineate the apportionment of the applicant's right knee disability, especially considering a prior injury award. The case is remanded to the trial level for further proceedings to clarify which percentage of the applicant's current disability is attributable to the prior injury, the current injury, and other factors.
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