Jesus Martinez vs. NEW AXIA HOLDINGS dba AMES TAPING TOOLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, LEGION INSURANCE, SEDGWICK CLAIMS MANAGEMENT SOLUTIONS, ARROWOOD INDEMNITY COMPANY, RANCHO DEL CHARRO, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the applicant's appeal of a decision that reduced his permanent disability award by 28% due to a prior injury. The Board found the defendant failed to prove overlap between the prior and current disabilities, rescinding the apportionment. The Board also remanded the case for a formal rating of medical reports and deferred the permanent disability award and attorney fees pending further proceedings. One commissioner dissented, agreeing with the original judge's findings on apportionment.