CompFox AI Summary
The Workers' Compensation Appeals Board rescinded the original Findings and Award and returned the case to the trial level for further medical development. The Board found the Agreed Medical Examiner's apportionment opinion to be unsubstantial due to a lack of clear reasoning and failure to adequately explain changes in his opinion. The Board also noted a clerical error in the award of permanent disability at the temporary disability rate, which will be corrected upon re-issuance of a final determination. Further proceedings are necessary to create an adequate record for determining apportionment of the applicant's respiratory disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded the original Findings and Award and returned the case to the trial level for further medical development. The Board found the Agreed Medical Examiner's apportionment opinion to be unsubstantial due to a lack of clear reasoning and failure to adequately explain changes in his opinion. The Board also noted a clerical error in the award of permanent disability at the temporary disability rate, which will be corrected upon re-issuance of a final determination. Further proceedings are necessary to create an adequate record for determining apportionment of the applicant's respiratory disability.
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