Home/Case Law/Carmen Villanueva vs. SEARS HOLDING CORPORATION, SEDGWICK CMS
Regular DecisionReconsideration

Carmen Villanueva vs. SEARS HOLDING CORPORATION, SEDGWICK CMS

Filed: Dec 30, 2015
Sacramento
ADJ9284951

CompFox AI Summary

The Workers' Compensation Appeals Board granted Carmen Villanueva's petition for reconsideration, overturning the initial award of 4% permanent disability with 25% apportionment. The Board found that the prior medical evaluator's apportionment to a non-industrial bunionectomy was not supported by substantial evidence, as the reasoning was speculative and contradictory. Consequently, the Board amended the award to 5% permanent disability with no apportionment to non-industrial causes.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted Carmen Villanueva's petition for reconsideration, overturning the initial award of 4% permanent disability with 25% apportionment. The Board found that the prior medical evaluator's apportionment to a non-industrial bunionectomy was not supported by substantial evidence, as the reasoning was speculative and contradictory. Consequently, the Board amended the award to 5% permanent disability with no apportionment to non-industrial causes.

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