CompFox AI Summary
The Appeals Board granted reconsideration to address the defendant's claim that the WCJ erred in awarding permanent disability without a specific finding on injury to the applicant's neck. The Board noted that the WCJ's permanent disability rating appeared to incorporate factors related to the cervical spine, despite no finding of industrial injury to that body part. Consequently, the Board rescinded the Amended Findings and Award and returned the case to the trial level for further proceedings and a decision on industrial injury to the neck and the proper permanent disability rating. The Board did not rule on the defendant's other arguments regarding the AMA Guides and the appropriateness of the rating.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address the defendant's claim that the WCJ erred in awarding permanent disability without a specific finding on injury to the applicant's neck. The Board noted that the WCJ's permanent disability rating appeared to incorporate factors related to the cervical spine, despite no finding of industrial injury to that body part. Consequently, the Board rescinded the Amended Findings and Award and returned the case to the trial level for further proceedings and a decision on industrial injury to the neck and the proper permanent disability rating. The Board did not rule on the defendant's other arguments regarding the AMA Guides and the appropriateness of the rating.
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