CompFox AI Summary
The Appeals Board granted reconsideration to address the defendant's contention that the original award of 30% permanent disability should have been apportioned. The Board found Dr. McCoy's apportionment opinion deficient for lacking sufficient detail and reasoning, thus not constituting substantial evidence. Consequently, the Board rescinded the findings related to permanent disability and apportionment, returning the matter for further development of the record. The Board also addressed the applicability of Labor Code section 4658(d) concerning permanent disability benefit adjustments, noting potential issues with notice and evidence.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address the defendant's contention that the original award of 30% permanent disability should have been apportioned. The Board found Dr. McCoy's apportionment opinion deficient for lacking sufficient detail and reasoning, thus not constituting substantial evidence. Consequently, the Board rescinded the findings related to permanent disability and apportionment, returning the matter for further development of the record. The Board also addressed the applicability of Labor Code section 4658(d) concerning permanent disability benefit adjustments, noting potential issues with notice and evidence.
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