CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a WCJ's order allowing a third deposition of an Agreed Medical Evaluator (AME), as the order was not final. The WCAB granted removal and rescinded the order, returning the cases to the WCJ to issue rating instructions and obtain permanent disability ratings for the applicant's two distinct industrial injuries. The WCAB affirmed that the AME's apportionment determination regarding the applicant's spinal injury constituted substantial evidence and would not be revisited. However, one commissioner dissented, arguing that further development of the record was needed regarding the AME's apportionment of the applicant's internal injuries.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a WCJ's order allowing a third deposition of an Agreed Medical Evaluator (AME), as the order was not final. The WCAB granted removal and rescinded the order, returning the cases to the WCJ to issue rating instructions and obtain permanent disability ratings for the applicant's two distinct industrial injuries. The WCAB affirmed that the AME's apportionment determination regarding the applicant's spinal injury constituted substantial evidence and would not be revisited. However, one commissioner dissented, arguing that further development of the record was needed regarding the AME's apportionment of the applicant's internal injuries.
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