A split Workers’ Compensation Appeals Board panel ruled that a trial court judge did not make a mistake by apportioning part of a worker’s disability to a prior industrial injury when an agreed medical evaluator opined the worker was totally disabled as a result of the latest injury.
Nearly two years after granting reconsideration in the case of Jose Nieves, a backhoe operator for the City Hayward, WCAB Commissioner Deidra Lowe and Deputy Commissioner John Shields on Oct. 17 said the trial judge correctly concluded that Nieves suffered a 47% permanent disability after apportionmen...
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