CompFox AI Summary
The Workers' Compensation Appeals Board affirmed a prior award of 84% permanent disability for a Probation Officer with heart/hypertension and hip injuries. The Board found that Labor Code section 3212.10's heart presumption and section 4663(e)'s non-attribution clause prohibit apportionment of the applicant's new and further disability. The defendant's contention that prior stipulations required apportionment was rejected, citing precedent that such presumptions take precedence. The Board clarified that the 84% represents the applicant's total permanent disability, not solely the new and further disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a prior award of 84% permanent disability for a Probation Officer with heart/hypertension and hip injuries. The Board found that Labor Code section 3212.10's heart presumption and section 4663(e)'s non-attribution clause prohibit apportionment of the applicant's new and further disability. The defendant's contention that prior stipulations required apportionment was rejected, citing precedent that such presumptions take precedence. The Board clarified that the 84% represents the applicant's total permanent disability, not solely the new and further disability.
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