CompFox AI Summary
The WCAB granted reconsideration to address the WCJ's finding that a QME's apportionment opinion lacked substantial evidence. The Board found that the QME's opinion, based on medical expertise and a recent MRI showing degenerative conditions, constituted substantial evidence despite the absence of pre-injury medical records. The WCAB rescinded the WCJ's findings and returned the case for further proceedings, including potentially obtaining a supplemental report from the QME after reviewing prior treatment records, and for a new decision on permanent disability and apportionment.
Full Decision Text1 Pages
The WCAB granted reconsideration to address the WCJ's finding that a QME's apportionment opinion lacked substantial evidence. The Board found that the QME's opinion, based on medical expertise and a recent MRI showing degenerative conditions, constituted substantial evidence despite the absence of pre-injury medical records. The WCAB rescinded the WCJ's findings and returned the case for further proceedings, including potentially obtaining a supplemental report from the QME after reviewing prior treatment records, and for a new decision on permanent disability and apportionment.
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