CompFox AI Summary
This case involves multiple workers' compensation claims by applicant Tobias Zucco against the California Department of State Hospitals. The initial decision found a $77%$ permanent disability based on scheduled impairments, rejecting vocational experts' opinions of total disability. Applicant sought reconsideration, arguing for unapportioned permanent total disability. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case to find $80%$ permanent disability, incorporating a $20%$ non-industrial apportionment to the vocational experts' findings of total disability. The Board found the vocational experts' conclusions supported overall permanent total disability, overriding the trial judge's credibility assessment.
Full Decision Text1 Pages
This case involves multiple workers' compensation claims by applicant Tobias Zucco against the California Department of State Hospitals. The initial decision found a $77%$ permanent disability based on scheduled impairments, rejecting vocational experts' opinions of total disability. Applicant sought reconsideration, arguing for unapportioned permanent total disability. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case to find $80%$ permanent disability, incorporating a $20%$ non-industrial apportionment to the vocational experts' findings of total disability. The Board found the vocational experts' conclusions supported overall permanent total disability, overriding the trial judge's credibility assessment.
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