CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's awards in two cases concerning applicant Magda Rodriguez. The Board found that the WCJ erred by issuing a combined permanent disability rating without sufficient medical evidence supporting apportionment between the two distinct industrial injuries. Additionally, the Board disagreed with the denial of credit for overpayment of temporary disability indemnity, stating equitable considerations did not favor the applicant. The cases are returned to the trial level for further development of the medical record regarding apportionment and a new decision on temporary disability credit.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's awards in two cases concerning applicant Magda Rodriguez. The Board found that the WCJ erred by issuing a combined permanent disability rating without sufficient medical evidence supporting apportionment between the two distinct industrial injuries. Additionally, the Board disagreed with the denial of credit for overpayment of temporary disability indemnity, stating equitable considerations did not favor the applicant. The cases are returned to the trial level for further development of the medical record regarding apportionment and a new decision on temporary disability credit.
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