Home/Case Law/CHRIS EMERSON vs. CHATSWORTH TRANSMISSION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

CHRIS EMERSON vs. CHATSWORTH TRANSMISSION, STATE COMPENSATION INSURANCE FUND

Filed: May 29, 2018
Oxnard
ADJ1412190 (VEN 0122058)

CompFox AI Summary

The Appeals Board granted reconsideration, rescinding the trial judge's finding that the applicant's condition was permanent and stationary as of July 10, 2017. This decision was based on the applicant's argument that the Qualified Medical Evaluator's (QME) report was not substantial evidence because it did not consider more recent reports from the applicant's treating physician. Subsequent treatment recommendations by the treating physician, including injections and potential surgery, indicated the applicant's condition may not be stable. The case is remanded for further proceedings to develop the record, specifically by having the QME review the updated medical reports.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, rescinding the trial judge's finding that the applicant's condition was permanent and stationary as of July 10, 2017. This decision was based on the applicant's argument that the Qualified Medical Evaluator's (QME) report was not substantial evidence because it did not consider more recent reports from the applicant's treating physician. Subsequent treatment recommendations by the treating physician, including injections and potential surgery, indicated the applicant's condition may not be stable. The case is remanded for further proceedings to develop the record, specifically by having the QME review the updated medical reports.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.