CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, reinstating an earlier award that apportioned 20% of the applicant's permanent disability to pre-existing factors. The WCAB found the Agreed Medical Evaluator's (AME) opinion on apportionment to be substantial evidence under current law, even though the pre-existing conditions were asymptomatic prior to the industrial injury. This decision reverses the WCJ's later finding of 32% permanent disability without apportionment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, reinstating an earlier award that apportioned 20% of the applicant's permanent disability to pre-existing factors. The WCAB found the Agreed Medical Evaluator's (AME) opinion on apportionment to be substantial evidence under current law, even though the pre-existing conditions were asymptomatic prior to the industrial injury. This decision reverses the WCJ's later finding of 32% permanent disability without apportionment.
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