Home/Case Law/AVIS ADAMS vs. LABCORP, ACE AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

AVIS ADAMS vs. LABCORP, ACE AMERICAN INSURANCE COMPANY

Filed: Oct 31, 2014
San Diego
ADJ8451841

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it was based on medical reports and deposition excerpts not present in the evidentiary record, violating WCAB Rule 10842(b). The Board adopted the Workers' Compensation Judge's report, which found the applicant sustained an industrial injury to her left shoulder and hand based on substantial medical evidence, including the Agreed Medical Evaluator's opinion. The Judge's report also noted the defendant failed to provide any medical evidence supporting alternative causes for the injury. Therefore, the defendant's petition, lacking proper evidentiary support and violating procedural rules, was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it was based on medical reports and deposition excerpts not present in the evidentiary record, violating WCAB Rule 10842(b). The Board adopted the Workers' Compensation Judge's report, which found the applicant sustained an industrial injury to her left shoulder and hand based on substantial medical evidence, including the Agreed Medical Evaluator's opinion. The Judge's report also noted the defendant failed to provide any medical evidence supporting alternative causes for the injury. Therefore, the defendant's petition, lacking proper evidentiary support and violating procedural rules, was denied.

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