CompFox AI Summary
This case involves Kellogg Company seeking reconsideration of an arbitrator's award concerning cumulative trauma injuries. The arbitrator had found the medical record needed further development, made specific findings on apportionment according to AMA Guides and Labor Code sections, and addressed the timeliness of Kellogg's contribution petition against Hayward Lumber. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and deferred rulings on apportionment and contribution. The Board clarified that apportionment compliance should be judged against Labor Code sections, not solely the AMA Guides, and found issues regarding contribution premature.
Full Decision Text1 Pages
This case involves Kellogg Company seeking reconsideration of an arbitrator's award concerning cumulative trauma injuries. The arbitrator had found the medical record needed further development, made specific findings on apportionment according to AMA Guides and Labor Code sections, and addressed the timeliness of Kellogg's contribution petition against Hayward Lumber. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and deferred rulings on apportionment and contribution. The Board clarified that apportionment compliance should be judged against Labor Code sections, not solely the AMA Guides, and found issues regarding contribution premature.
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