Home/Case Law/BARBARA ARANA vs. THE HOME DEPOT, SEDGWICK CMS
Regular DecisionReconsideration

BARBARA ARANA vs. THE HOME DEPOT, SEDGWICK CMS

Filed: Feb 05, 2009
San Francisco
ADJ1023653 (MON 0331335)

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed a prior decision regarding applicant Barbara Arana's industrial injury at The Home Depot, which caused back and psyche injuries. The Board found that the Agreed Medical Evaluator's (AME) report provided substantial evidence for apportioning 33 1/3% of the applicant's lumbar disability to pre-existing conditions. While one commissioner dissented, arguing the AME's apportionment report lacked clarity on the causal link between prior conditions and current disability, the majority adopted the WCJ's findings. This decision upholds the original award of 39% permanent disability after apportionment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed a prior decision regarding applicant Barbara Arana's industrial injury at The Home Depot, which caused back and psyche injuries. The Board found that the Agreed Medical Evaluator's (AME) report provided substantial evidence for apportioning 33 1/3% of the applicant's lumbar disability to pre-existing conditions. While one commissioner dissented, arguing the AME's apportionment report lacked clarity on the causal link between prior conditions and current disability, the majority adopted the WCJ's findings. This decision upholds the original award of 39% permanent disability after apportionment.

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