CompFox AI Summary
This case concerns an applicant seeking total permanent disability benefits based on a brain injury. The applicant argued for conclusive total disability under Labor Code section 4662(a)(4) due to permanent mental incapacity. The Board affirmed the WCJ's finding that while the applicant suffered serious psychiatric impairments leading to overall total disability, the specific cognitive impairments did not meet the threshold for the conclusive presumption of total disability under section 4662(a)(4). Therefore, apportionment was still applicable, and the previous award of $84%$ permanent disability was upheld.
Full Decision Text1 Pages
This case concerns an applicant seeking total permanent disability benefits based on a brain injury. The applicant argued for conclusive total disability under Labor Code section 4662(a)(4) due to permanent mental incapacity. The Board affirmed the WCJ's finding that while the applicant suffered serious psychiatric impairments leading to overall total disability, the specific cognitive impairments did not meet the threshold for the conclusive presumption of total disability under section 4662(a)(4). Therefore, apportionment was still applicable, and the previous award of $84%$ permanent disability was upheld.
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