Home/Case Law/DAVID YARGUS vs. CELLO and MAUDRU CONSTRUCTION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

DAVID YARGUS vs. CELLO and MAUDRU CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

Filed: Apr 16, 2009
ADJ2822855

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The Board found that the medical evidence supporting the initial award of 100% permanent disability was not substantial. Specifically, the treating physician's opinion was based on an incomplete history and speculative reasoning, and the QME's apportionment analysis lacked sufficient explanation. The Board ordered further development of the medical record to properly address apportionment and causation issues.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The Board found that the medical evidence supporting the initial award of 100% permanent disability was not substantial. Specifically, the treating physician's opinion was based on an incomplete history and speculative reasoning, and the QME's apportionment analysis lacked sufficient explanation. The Board ordered further development of the medical record to properly address apportionment and causation issues.

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