CompFox AI Summary
The Appeals Board granted reconsideration of the WCJ's finding of total permanent disability because the vocational expert's opinion was not substantial evidence. The expert failed to address the applicant's orthopedic and psychiatric capacities as assessed by Agreed Medical Evaluators. Consequently, the finding of 100% total permanent disability is rescinded. The case is returned to the trial level for further proceedings, including development of the record on apportionment and the sleep disorder claim.
Full Decision Text1 Pages
The Appeals Board granted reconsideration of the WCJ's finding of total permanent disability because the vocational expert's opinion was not substantial evidence. The expert failed to address the applicant's orthopedic and psychiatric capacities as assessed by Agreed Medical Evaluators. Consequently, the finding of 100% total permanent disability is rescinded. The case is returned to the trial level for further proceedings, including development of the record on apportionment and the sleep disorder claim.
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