CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding their prior decision to rescind the award for permanent disability. The Board found the administrative law judge impermissibly used a "range of evidence" approach to determine the Whole Person Impairment (WPI) rating, which is a medical determination requiring physician expertise. The case was returned to the trial level for further medical evaluation by an Agreed Medical Examiner or a physician selected by the judge, as the current medical evidence did not sufficiently support the original rating. The applicant's argument that this limits the judge's role was rejected, as the judge's ultimate determination must be based on substantial medical evidence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding their prior decision to rescind the award for permanent disability. The Board found the administrative law judge impermissibly used a "range of evidence" approach to determine the Whole Person Impairment (WPI) rating, which is a medical determination requiring physician expertise. The case was returned to the trial level for further medical evaluation by an Agreed Medical Examiner or a physician selected by the judge, as the current medical evidence did not sufficiently support the original rating. The applicant's argument that this limits the judge's role was rejected, as the judge's ultimate determination must be based on substantial medical evidence.
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