under the new law
decision of the
Appeals Board.
industrial injury to her
left knee. The applicant
consequence of that a right knee
problem. The applicant had
surgery to the left knee.
disability on the fact that the
applicant had significant
degenerative arthritis in both
knees. This was based on
reasonable medical probability.
defense doctor and apportioned.
The applicant filed a petition for
reconsideration.
n En Banc decision. They
reviewed SB 899.
apportionment of permanent
disability is based on causation of
permanent disability , not
causation of injury.
use for this determination and
how to determine what
percentage of permanent
disability was caused by other
factors.
while the defendant has the
burden of what disability was
caused by other factors.
conditions, and a retroactive
prophylactic work preclusion,
even though this had been
disallowed in the past under prior
case law. There must be
substantial medical evidence of
the apportionment. The doctor
must state the reasons for the
opinions and that it is based on
reasonable medical probability.
=================
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
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