CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's decision to amend the date of injury for all claimed body parts to reflect a single cumulative trauma through November 2004. The Board agreed that the older permanent disability rating schedule applied due to a prior medical-legal report establishing permanent disability, even though not all body parts became permanent and stationary simultaneously. The Judge's reliance on the Agreed Medical Examiner's opinion regarding a single cumulative trauma, despite defendant's objections about the AME's specialty and the timing of claim amendments, was deemed persuasive.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's decision to amend the date of injury for all claimed body parts to reflect a single cumulative trauma through November 2004. The Board agreed that the older permanent disability rating schedule applied due to a prior medical-legal report establishing permanent disability, even though not all body parts became permanent and stationary simultaneously. The Judge's reliance on the Agreed Medical Examiner's opinion regarding a single cumulative trauma, despite defendant's objections about the AME's specialty and the timing of claim amendments, was deemed persuasive.
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