Authorities as the decision cited them, with how this panel applied each one.
Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604
defendant has the burden of establishing the approximate permanent disability caused by other factors
From the decision · page 7defendant has the burden of establishing the approximate permanent disability caused by other factors; and (5) a medical report addressing apportionment may not be relied upon unless it constitutes substantial evidence. ( Escobedo, supra, at p. 607.)
Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604
a medical opinion must be framed in terms of reasonable medical probability, it must not be speculative, it must be based on pertinent facts and on an adequate examination and history, and it must set forth reasoning in support of its conclusions
From the decision · page 7To be substantial evidence on the issue of the approximate percentages of permanent disability due to the direct results of the injury and the approximate percentage of permanent disability due to other factors, a medical opinion must be framed in terms of reasonable medical probability, it must not be speculative, it must be based on pertinent facts and on an adequate examination and history, and it must set forth reasoning in support of its conclusions.
Lab. Code, § 4909; Gamble v. Workers' Comp. Appeals Bd. (2006) 143 Cal.App.4th 71
Whether to award the requested credit against permanent disability for alleged overpayments of indemnity is a discretionary determination
From the decision · page 8Claims for credit against permanent disability for alleged temporary disability overpayments are discretionary with the Appeals Board. Whether to award the requested credit against permanent disability for alleged overpayments of indemnity, e.g., temporary disability, is not a right but rather a discretionary determination. (Lab. Code, § 4909; Gamble v. Workers' Comp. Appeals Bd. (2006) 143 Cal.App.4th 71, 92