CompFox AI Summary
The Appeals Board granted reconsideration and dismissed the applicant's petition for removal, rescinding the previous Findings and Award. The Board found the WCJ erred by making final findings on permanent disability before the record was sufficiently developed, particularly regarding Dr. Geyber's opinion. Dr. Geyber's initial assessment was deemed not substantial because it improperly rejected the AMA Guides based on subjective reasoning, contrary to established precedent. The matter is returned for further proceedings to develop the record on permanent disability, with priority given to Dr. Geyber providing supplemental opinions consistent with current legal standards.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and dismissed the applicant's petition for removal, rescinding the previous Findings and Award. The Board found the WCJ erred by making final findings on permanent disability before the record was sufficiently developed, particularly regarding Dr. Geyber's opinion. Dr. Geyber's initial assessment was deemed not substantial because it improperly rejected the AMA Guides based on subjective reasoning, contrary to established precedent. The matter is returned for further proceedings to develop the record on permanent disability, with priority given to Dr. Geyber providing supplemental opinions consistent with current legal standards.
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