CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the finding of permanent total disability for applicant Paul Morgan. The Board adopted the reasoning of the Administrative Law Judge (ALJ), who found Morgan totally disabled based on extensive medical and vocational evidence. Notably, the Board clarified that it did not adopt the ALJ's discussion on apportionment, as there was no record support for the defendant's proposed 10% apportionment to a pre-existing condition. The defendant's discovery tactics and failure to timely submit evidence also contributed to the denial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the finding of permanent total disability for applicant Paul Morgan. The Board adopted the reasoning of the Administrative Law Judge (ALJ), who found Morgan totally disabled based on extensive medical and vocational evidence. Notably, the Board clarified that it did not adopt the ALJ's discussion on apportionment, as there was no record support for the defendant's proposed 10% apportionment to a pre-existing condition. The defendant's discovery tactics and failure to timely submit evidence also contributed to the denial.
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