CompFox AI Summary
Defendants seek reconsideration of a WCJ's award finding 71% permanent disability for applicant Octavio Lemus, arguing the judge erred by not apportioning disability and by failing to address non-industrial factors identified by a QME. The Appeals Board granted reconsideration, agreeing the record on apportionment was undeveloped and that the EDD lien and other defendant contentions require further consideration. The case is returned to the trial level for further proceedings and a new decision addressing all raised issues, including apportionment.
Full Decision Text1 Pages
Defendants seek reconsideration of a WCJ's award finding 71% permanent disability for applicant Octavio Lemus, arguing the judge erred by not apportioning disability and by failing to address non-industrial factors identified by a QME. The Appeals Board granted reconsideration, agreeing the record on apportionment was undeveloped and that the EDD lien and other defendant contentions require further consideration. The case is returned to the trial level for further proceedings and a new decision addressing all raised issues, including apportionment.
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