Home/Case Law/BRYCE ROBB vs. E.L. YEAGER CONSTRUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For LUMBERMENS MUTUAL CASUALTY COMPANY, LIBERTY MUTUAL FIRE INSURANCE
Regular DecisionWorkers' Compensation

BRYCE ROBB vs. E.L. YEAGER CONSTRUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For LUMBERMENS MUTUAL CASUALTY COMPANY, LIBERTY MUTUAL FIRE INSURANCE

Filed: Jun 08, 2017
Santa Barbara
ADJ4494422 (MON 0266457) ADJ8921983

CompFox AI Summary

The WCAB rescinded an award of 100% permanent total disability due to contested issues regarding cumulative injury, statute of limitations, and apportionment. The Board found the trial judge failed to address the statute of limitations and questioned the unapportioned award given the Agreed Medical Evaluator's consistent apportionment analyses. The case is returned for further proceedings, including potential appointment of a new AME to reevaluate apportionment and address psychiatric reports that were missing from the record.

Full Decision Text1 Pages

The WCAB rescinded an award of 100% permanent total disability due to contested issues regarding cumulative injury, statute of limitations, and apportionment. The Board found the trial judge failed to address the statute of limitations and questioned the unapportioned award given the Agreed Medical Evaluator's consistent apportionment analyses. The case is returned for further proceedings, including potential appointment of a new AME to reevaluate apportionment and address psychiatric reports that were missing from the record.

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