CHERYL HANSEN-DILLARD vs. SAVE MART SUPERMARKETS, Permissibly Self-Insured, Administered By PEGASUS RISK MANAGEMENT

The Appeals Board granted reconsideration and rescinded the prior Findings, Award, and Orders, remanding the case for further development of the medical record. The primary issue was the Agreed Medical Evaluator's (AME) impairment rating for the applicant's right knee. The Board found the AME's opinion did not constitute substantial medical evidence because it improperly incorporated the applicant's ability to compete in the open labor market and work restrictions into the impairment determination, which is contrary to the AMA Guides and current law. Further proceedings are required to obtain a proper impairment rating that adheres to legal standards.