CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to correct a typographical error in a prior award. The original decision found the applicant sustained an industrial injury to his right lower extremity, resulting in temporary disability and a 55% permanent disability rating after apportionment. The employer sought reconsideration, arguing for a lower rating based on a QME's opinion attributing 90% of the disability to non-industrial factors. The WCJ recommended amending the award to remove the erroneous reference to the QME's 90% apportionment and to simply state that 45% of the impairment existed prior to the industrial injury. The Board affirmed the substance of the original decision but amended Finding No. 10 as recommended.
RECARD ON GONZALES vs. PHILIP SERVICES CORPORATION, ACE AMERICAN INSURANCE COMPANY is a workers' compensation case decided in San Jose. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Jose.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to correct a typographical error in a prior award. The original decision found the applicant sustained an industrial injury to his right lower extremity, resulting in temporary disability and a 55% permanent disability rating after apportionment. The employer sought reconsideration, arguing for a lower rating based on a QME's opinion attributing 90% of the disability to non-industrial factors. The WCJ recommended amending the award to remove the erroneous reference to the QME's 90% apportionment and to simply state that 45% of the impairment existed prior to the industrial injury. The Board affirmed the substance of the original decision but amended Finding No. 10 as recommended.
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