Home/Case Law/AUGUSTINE BERNAL vs. MARTIN BROTHERS CONSTRUCTION; CONTRACTOR'S ACCESS PROGRAM; PERMISSIBLY SELF-INSURED
Regular DecisionReconsideration

AUGUSTINE BERNAL vs. MARTIN BROTHERS CONSTRUCTION; CONTRACTOR'S ACCESS PROGRAM; PERMISSIBLY SELF-INSURED

Filed: Oct 25, 2010
ADJ2154956 (LAO 0868696)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding industrial injury to the applicant's right shoulder. The Board amended the temporary disability period to December 5, 2005, to November 1, 2006, and November 1, 2006, to February 21, 2007. The Board affirmed the finding of $44%$ permanent disability, stating the WCJ can base this on a range of evidence, not solely the Agreed Medical Examiner's opinion. The decision also grants the defendant credit for applicant's earnings during the adjusted temporary disability period.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding industrial injury to the applicant's right shoulder. The Board amended the temporary disability period to December 5, 2005, to November 1, 2006, and November 1, 2006, to February 21, 2007. The Board affirmed the finding of $44%$ permanent disability, stating the WCJ can base this on a range of evidence, not solely the Agreed Medical Examiner's opinion. The decision also grants the defendant credit for applicant's earnings during the adjusted temporary disability period.

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