CompFox AI Summary
The Board granted reconsideration to address the defendant's contention that the WCJ erred in failing to apportion 96% of the applicant's bilateral shoulder disability to non-industrial causes. Dr. Miller's opinions on apportionment were deemed unclear and contradictory regarding the applicant's employment history and the extent of pre-existing conditions. Consequently, the Board rescinded the previous Findings and Award and returned the matter for further development of the medical record on apportionment. The parties and WCJ must clarify the applicant's employment history before any physician can accurately apply Labor Code section 4663.
Full Decision Text1 Pages
The Board granted reconsideration to address the defendant's contention that the WCJ erred in failing to apportion 96% of the applicant's bilateral shoulder disability to non-industrial causes. Dr. Miller's opinions on apportionment were deemed unclear and contradictory regarding the applicant's employment history and the extent of pre-existing conditions. Consequently, the Board rescinded the previous Findings and Award and returned the matter for further development of the medical record on apportionment. The parties and WCJ must clarify the applicant's employment history before any physician can accurately apply Labor Code section 4663.
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