Home/Case Law/Alicia Montgomery vs. Tip Top Meats European Deli, Commercial Casualty Insurance Company
Regular DecisionReconsideration

Alicia Montgomery vs. Tip Top Meats European Deli, Commercial Casualty Insurance Company

Filed: Feb 19, 2009
San Francisco
ADJ2616452

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The Board found the medical record insufficient to support the finding of permanent total disability, specifically lacking evidence on how applicant's medications affected her cognitive function. The case was returned to the trial level for further development of the medical record to address this deficiency. The Board also noted that pre-existing non-industrial factors cannot be solely relied upon for vocational rehabilitation non-feasibility.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The Board found the medical record insufficient to support the finding of permanent total disability, specifically lacking evidence on how applicant's medications affected her cognitive function. The case was returned to the trial level for further development of the medical record to address this deficiency. The Board also noted that pre-existing non-industrial factors cannot be solely relied upon for vocational rehabilitation non-feasibility.

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