CompFox AI Summary
The WCAB granted reconsideration regarding a prior award of $73%$ permanent disability for an applicant's industrial injuries. The Board found the WCJ erred by including a $2%$ rating for sleep apnea, as Labor Code section 4660.1(c)(1) prohibits increases for sleep dysfunction arising from a compensable physical injury. Furthermore, the Board remanded for clarification on the $10%$ right hand and wrist impairment rating, as the agreed medical evaluator may have improperly combined impairment components under the AMA Guides. Jurisdiction was deferred for a re-rating of permanent disability after these issues are resolved.
Full Decision Text1 Pages
The WCAB granted reconsideration regarding a prior award of $73%$ permanent disability for an applicant's industrial injuries. The Board found the WCJ erred by including a $2%$ rating for sleep apnea, as Labor Code section 4660.1(c)(1) prohibits increases for sleep dysfunction arising from a compensable physical injury. Furthermore, the Board remanded for clarification on the $10%$ right hand and wrist impairment rating, as the agreed medical evaluator may have improperly combined impairment components under the AMA Guides. Jurisdiction was deferred for a re-rating of permanent disability after these issues are resolved.
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