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Regular DecisionWorkers' Compensation

RECARD ON GONZALES vs. PHILIP SERVICES CORPORATION, ACE AMERICAN INSURANCE COMPANY

Filed: Mar 08, 2016
San Jose
ADJ7073718

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.

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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