Home/Case Law/CHARLES LEWTER vs. COUNTY OF KERN
Regular DecisionWorkers' Compensation

CHARLES LEWTER vs. COUNTY OF KERN

Filed: Jan 30, 2018
Bakersfield
ADJ8910001

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded the original Findings and Award due to inconsistencies and lack of substantial evidence in the Qualified Medical Evaluator's (QME) reports and testimony. The QME, Dr. Darakjian, provided conflicting opinions regarding the cause of the applicant's injury, switching between cumulative trauma and specific incident causation, and also vacillated on the issue of apportionment of disability. The WCAB determined that Dr. Darakjian's opinions failed to adequately explain the reasoning behind his conclusions, rendering them insubstantial. The case is remanded to the WCJ for further development of the record to properly address the injury, disability, and statute of limitations issues.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded the original Findings and Award due to inconsistencies and lack of substantial evidence in the Qualified Medical Evaluator's (QME) reports and testimony. The QME, Dr. Darakjian, provided conflicting opinions regarding the cause of the applicant's injury, switching between cumulative trauma and specific incident causation, and also vacillated on the issue of apportionment of disability. The WCAB determined that Dr. Darakjian's opinions failed to adequately explain the reasoning behind his conclusions, rendering them insubstantial. The case is remanded to the WCJ for further development of the record to properly address the injury, disability, and statute of limitations issues.

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