CompFox AI Summary
In this workers' compensation case, the Appeals Board denied the defendant's petition for reconsideration. The defendant sought to apportion 2% of the applicant's permanent total disability to non-industrial factors, as determined by the agreed medical examiner (AME). However, the Board found the AME's apportionment opinion lacked substantial evidence, failing to explain the causal link between the applicant's non-industrial activities and his disability. The Board affirmed the original award of permanent total disability without apportionment, as the defendant failed to meet its burden of proof.
Full Decision Text1 Pages
In this workers' compensation case, the Appeals Board denied the defendant's petition for reconsideration. The defendant sought to apportion 2% of the applicant's permanent total disability to non-industrial factors, as determined by the agreed medical examiner (AME). However, the Board found the AME's apportionment opinion lacked substantial evidence, failing to explain the causal link between the applicant's non-industrial activities and his disability. The Board affirmed the original award of permanent total disability without apportionment, as the defendant failed to meet its burden of proof.
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