LAWRENCE MAXIE vs. A.C. TRANSIT; Permissibly Self-Insured

The Appeals Board granted reconsideration, rescinded the prior findings, and returned the case for further development of the record. This action was taken because the Agreed Medical Evaluator's (AME) apportionment opinion lacked sufficient factual basis and reasoning, failing to meet the standards for substantial medical evidence. Specifically, the AME did not adequately explain how he arrived at the apportionment percentages for both the cervical spine and upper extremity injuries. The Board reiterated that the defendant bears the burden of proof on apportionment and that undeveloped matters must be addressed.