CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award because the medical evidence was insufficient to support the 45% permanent disability rating. The Board found that the judge's reliance on combining subjective pain complaints with objective findings, without proper medical expert guidance, and the rating specialist's application of instructions were not supported by substantial medical evidence. The case is returned to the trial level for further development of the medical record.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award because the medical evidence was insufficient to support the 45% permanent disability rating. The Board found that the judge's reliance on combining subjective pain complaints with objective findings, without proper medical expert guidance, and the rating specialist's application of instructions were not supported by substantial medical evidence. The case is returned to the trial level for further development of the medical record.
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