CompFox AI Summary
The Appeals Board granted the defendant's petition for reconsideration, rescinding the prior finding of 100% permanent disability and deferring the issues of permanent disability and attorney's fees. The WCJ's reliance on vocational expert testimony, which considered the effects of medications prescribed for both industrial and non-industrial conditions, lacked substantial medical evidence. The case is returned to the trial level for further proceedings to develop the medical record specifically regarding the impact of industrially-related medications on the applicant's permanent disability.
Full Decision Text1 Pages
The Appeals Board granted the defendant's petition for reconsideration, rescinding the prior finding of 100% permanent disability and deferring the issues of permanent disability and attorney's fees. The WCJ's reliance on vocational expert testimony, which considered the effects of medications prescribed for both industrial and non-industrial conditions, lacked substantial medical evidence. The case is returned to the trial level for further proceedings to develop the medical record specifically regarding the impact of industrially-related medications on the applicant's permanent disability.
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