CompFox AI Summary
The defendant sought reconsideration of a WCJ's July 8, 2025, Findings and Order, which awarded the applicant $78,662.50 for 30% whole person impairment, rejecting apportionment due to a finding that Dr. Gwartz's medical opinion lacked substantial evidence. Defendant contended that Dr. Gwartz's opinion was substantial medical evidence and the WCJ erred in failing to find apportionment. The Appeals Board, after reviewing the petition and report, granted the petition for reconsideration, but explicitly deferred a final decision on the merits pending further review of the record and applicable law. The Board also confirmed the timeliness of their action, having acted on the petition within the 60-day statutory period as amended by Labor Code section 5909.
Full Decision Text1 Pages
The defendant sought reconsideration of a WCJ's July 8, 2025, Findings and Order, which awarded the applicant $78,662.50 for 30% whole person impairment, rejecting apportionment due to a finding that Dr. Gwartz's medical opinion lacked substantial evidence. Defendant contended that Dr. Gwartz's opinion was substantial medical evidence and the WCJ erred in failing to find apportionment. The Appeals Board, after reviewing the petition and report, granted the petition for reconsideration, but explicitly deferred a final decision on the merits pending further review of the record and applicable law. The Board also confirmed the timeliness of their action, having acted on the petition within the 60-day statutory period as amended by Labor Code section 5909.
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