Home/Case Law/BRENDA RICHARD vs. CITY OF LOS ANGELES
Regular DecisionRegular Panel Decision

BRENDA RICHARD vs. CITY OF LOS ANGELES

Filed: Sep 13, 2022
Marina del Rey
ADJ10247229

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and remanded the case for further proceedings. The applicant sought reconsideration of a finding of 3% permanent disability for a cumulative left ankle injury, contending she was entitled to an unapportioned award. The WCAB found the Agreed Medical Examiner's (AME) apportionment opinion lacked substantial evidence due to insufficient reasoning and failure to address rating schedule differences. The case was returned to the WCJ to develop the record, specifically directing the AME to provide a supplemental report on apportionment considering the differing rating schedules of prior and current injuries.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and remanded the case for further proceedings. The applicant sought reconsideration of a finding of 3% permanent disability for a cumulative left ankle injury, contending she was entitled to an unapportioned award. The WCAB found the Agreed Medical Examiner's (AME) apportionment opinion lacked substantial evidence due to insufficient reasoning and failure to address rating schedule differences. The case was returned to the WCJ to develop the record, specifically directing the AME to provide a supplemental report on apportionment considering the differing rating schedules of prior and current injuries.

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