Home/Case Law/CAROLYN FITZGERALD vs. DAVE'S PIT STOP, SUPERIOR NATIONAL, CIGA, BROADSPIRE, STATE COMPENSATION INSURANCE FUND
Regular DecisionWorkers' Compensation

CAROLYN FITZGERALD vs. DAVE'S PIT STOP, SUPERIOR NATIONAL, CIGA, BROADSPIRE, STATE COMPENSATION INSURANCE FUND

Filed: May 28, 2008
San Francisco
SRO 99047, SRO 100453, SRO 100595

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ's calculation of permanent disability and apportionment was found to be inconsistent with the California Supreme Court's decision in Brodie and subsequent WCAB en banc decision in Benson. The WCAB stated that the trial judge must reconsider permanent disability and apportionment in light of these rulings, potentially requiring further medical evidence development.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ's calculation of permanent disability and apportionment was found to be inconsistent with the California Supreme Court's decision in Brodie and subsequent WCAB en banc decision in Benson. The WCAB stated that the trial judge must reconsider permanent disability and apportionment in light of these rulings, potentially requiring further medical evidence development.

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CAROLYN FITZGERALD vs. DAVE'S PIT STOP, SUPERIOR NATIONAL, CIGA, BROADSPIRE, STATE COMPENSATION INSURANCE FUND (2008) – San Francisco | CompFox