CompFox AI Summary
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This case involves a defendant's petition for reconsideration of a finding of permanent total disability due to cumulative trauma. The defendant argued the treating physician's report was unsubstantial regarding causation and functional capacity, and that apportionment to a pre-existing condition was wrongly disregarded. The Board denied reconsideration, affirming the administrative law judge's decision, finding substantial evidence supported the permanent total disability finding based on the applicant's inability to benefit from vocational rehabilitation. The Board adopted the judge's reasoning that the applicant's medical restrictions precluded him from returning to full-time employment in the open labor market.
Full Decision Text1 Pages
Here's a concise summary for a lawyer:
This case involves a defendant's petition for reconsideration of a finding of permanent total disability due to cumulative trauma. The defendant argued the treating physician's report was unsubstantial regarding causation and functional capacity, and that apportionment to a pre-existing condition was wrongly disregarded. The Board denied reconsideration, affirming the administrative law judge's decision, finding substantial evidence supported the permanent total disability finding based on the applicant's inability to benefit from vocational rehabilitation. The Board adopted the judge's reasoning that the applicant's medical restrictions precluded him from returning to full-time employment in the open labor market.
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