CompFox AI Summary
The Appeals Board granted reconsideration, rescinding the prior award. The WCJ incorrectly ruled that surgical knee replacement precluded apportionment of permanent disability. The Board found that Labor Code § 4663 requires apportionment based on causation, even if the contributing pathology is surgically removed. Therefore, the matter was returned for a new rating based on the QME's opinion that 75% of the applicant's permanent disability was due to pre-existing conditions.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinding the prior award. The WCJ incorrectly ruled that surgical knee replacement precluded apportionment of permanent disability. The Board found that Labor Code § 4663 requires apportionment based on causation, even if the contributing pathology is surgically removed. Therefore, the matter was returned for a new rating based on the QME's opinion that 75% of the applicant's permanent disability was due to pre-existing conditions.
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