CompFox AI Summary
The Board granted reconsideration of the WCJ's award, finding the physician's permanent disability opinion lacked substantial evidence. Specifically, Dr. Scheinberg failed to adequately explain his shift in impairment rating from Category II to Table 6-9, which addresses herniation, without providing sufficient justification. Consequently, the Board rescinded the award and returned the case to the trial level for further proceedings to ensure the decision is based on substantial medical evidence. The WCJ may also address the defendant's other contentions, including temporary disability offset.
Full Decision Text1 Pages
The Board granted reconsideration of the WCJ's award, finding the physician's permanent disability opinion lacked substantial evidence. Specifically, Dr. Scheinberg failed to adequately explain his shift in impairment rating from Category II to Table 6-9, which addresses herniation, without providing sufficient justification. Consequently, the Board rescinded the award and returned the case to the trial level for further proceedings to ensure the decision is based on substantial medical evidence. The WCJ may also address the defendant's other contentions, including temporary disability offset.
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