CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration for both applicant and defendant, rescinded the prior Findings and Award, and returned the case for further proceedings. The Board found that the medical expert's opinion on permanent disability was not substantial evidence because it relied on an outdated "ability to compete in the open labor market" standard instead of diminished future earning capacity. Permanent disability, apportionment, and attorney fees were deferred, with the trial judge to obtain a new medical report consistent with current legal standards. The Board otherwise affirmed the judge's decision, noting that applicant's contentions would be addressed on remand.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration for both applicant and defendant, rescinded the prior Findings and Award, and returned the case for further proceedings. The Board found that the medical expert's opinion on permanent disability was not substantial evidence because it relied on an outdated "ability to compete in the open labor market" standard instead of diminished future earning capacity. Permanent disability, apportionment, and attorney fees were deferred, with the trial judge to obtain a new medical report consistent with current legal standards. The Board otherwise affirmed the judge's decision, noting that applicant's contentions would be addressed on remand.
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