CompFox AI Summary
Defendant, Security Contractor Services Inc. and Travelers Sacramento, sought reconsideration of a Findings and Award which found that applicant Steven Tofanelli sustained a right ear injury causing 43% permanent disability without apportionment. Defendant contended the Workers' Compensation Administrative Law Judge (WCJ) erred by not finding apportionment, arguing that Dr. Ronald Ward's medical opinion constituted substantial evidence. The Appeals Board granted the petition for reconsideration, concluding that Dr. Ward's opinion on apportionment lacked substantial medical evidence as it failed to adequately explain how or why 98% of the applicant's total hearing loss was due to congenital factors versus the industrial head injury, and did not properly distinguish between apportionment of causation and disability. A final decision after reconsideration has been deferred pending further review.
Full Decision Text1 Pages
Defendant, Security Contractor Services Inc. and Travelers Sacramento, sought reconsideration of a Findings and Award which found that applicant Steven Tofanelli sustained a right ear injury causing 43% permanent disability without apportionment. Defendant contended the Workers' Compensation Administrative Law Judge (WCJ) erred by not finding apportionment, arguing that Dr. Ronald Ward's medical opinion constituted substantial evidence. The Appeals Board granted the petition for reconsideration, concluding that Dr. Ward's opinion on apportionment lacked substantial medical evidence as it failed to adequately explain how or why 98% of the applicant's total hearing loss was due to congenital factors versus the industrial head injury, and did not properly distinguish between apportionment of causation and disability. A final decision after reconsideration has been deferred pending further review.
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