Home/Case Law/DANA ESPARZA vs. MICHAEL'S COMMUNICATION, ZURICH NORTH AMERICA
Regular DecisionReconsideration

DANA ESPARZA vs. MICHAEL'S COMMUNICATION, ZURICH NORTH AMERICA

Filed: Jan 30, 2015
San Luis Obispo
ADJ7143821

CompFox AI Summary

This case concerns an applicant's petition for reconsideration of a prior award regarding new and further psychiatric disability. The Appeals Board granted reconsideration, specifically amending the prior decision to allow reimbursement for a vocational expert's fee. While the Board affirmed the finding of increased permanent disability, it reversed the denial of the vocational expert's costs. The Board reasoned that the expert's report was reasonable and necessary when incurred and had the potential to prove disputed facts, even if it didn't ultimately rebut the permanent disability rating.

Full Decision Text1 Pages

This case concerns an applicant's petition for reconsideration of a prior award regarding new and further psychiatric disability. The Appeals Board granted reconsideration, specifically amending the prior decision to allow reimbursement for a vocational expert's fee. While the Board affirmed the finding of increased permanent disability, it reversed the denial of the vocational expert's costs. The Board reasoned that the expert's report was reasonable and necessary when incurred and had the potential to prove disputed facts, even if it didn't ultimately rebut the permanent disability rating.

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