CompFox AI Summary
The Workers' Compensation Appeals Board denied Grace Moving Company's petition for reconsideration, upholding a prior award of 50% permanent disability to Michael Hasley for a neck injury. The Board found that the defendant failed to meet its burden of proving apportionment to non-industrial causes. The Agreed Medical Evaluator's report was deemed ambiguous regarding causation and apportionment, and the defendant did not provide clarifying evidence. Therefore, the applicant was entitled to an unapportioned award.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Grace Moving Company's petition for reconsideration, upholding a prior award of 50% permanent disability to Michael Hasley for a neck injury. The Board found that the defendant failed to meet its burden of proving apportionment to non-industrial causes. The Agreed Medical Evaluator's report was deemed ambiguous regarding causation and apportionment, and the defendant did not provide clarifying evidence. Therefore, the applicant was entitled to an unapportioned award.
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