CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a prior award. The Board found that the defendant failed to provide substantial evidence for apportionment of applicant's disability, as the QME's opinion lacked sufficient explanation of how non-industrial factors caused the disability. Additionally, the Board determined that the Labor Code section 4658(d)(3)(A) reduction in indemnity was inapplicable because the applicant had already returned to work in her regular position. Commissioner Lowe dissented, arguing that the QME's apportionment of 10% disability to non-industrial factors constituted substantial evidence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a prior award. The Board found that the defendant failed to provide substantial evidence for apportionment of applicant's disability, as the QME's opinion lacked sufficient explanation of how non-industrial factors caused the disability. Additionally, the Board determined that the Labor Code section 4658(d)(3)(A) reduction in indemnity was inapplicable because the applicant had already returned to work in her regular position. Commissioner Lowe dissented, arguing that the QME's apportionment of 10% disability to non-industrial factors constituted substantial evidence.
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