CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award finding a deputy sheriff sustained industrial injury to his back, neck, hip, and knee, resulting in 11% permanent disability. The defendant sought apportionment due to a prior 13% disability award for a back injury. The WCAB found that current rating methods under the AMA Guides prevent direct apportionment under Labor Code section 4664, as the disabilities are not rated on the same criteria. However, the WCAB remanded the case for further development of the record to explore apportionment under Labor Code section 4663, allowing for potential overlap with the prior injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award finding a deputy sheriff sustained industrial injury to his back, neck, hip, and knee, resulting in 11% permanent disability. The defendant sought apportionment due to a prior 13% disability award for a back injury. The WCAB found that current rating methods under the AMA Guides prevent direct apportionment under Labor Code section 4664, as the disabilities are not rated on the same criteria. However, the WCAB remanded the case for further development of the record to explore apportionment under Labor Code section 4663, allowing for potential overlap with the prior injury.
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