Home/Case Law/DIANE DAVIS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INDEMNITY COMPANY
Regular DecisionReconsideration

DIANE DAVIS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INDEMNITY COMPANY

Filed: Jun 06, 2013
Marina Del Rey
ADJ2530222 (MON 0304365)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded a WCJ's decision awarding applicant 58% permanent disability for injuries to her wrists and psyche. The WCAB found that the WCJ's decision lacked substantial evidence because the medical opinions on apportionment and permanent disability were insufficient, particularly Dr. Gilberg's unclear apportionment and the failure to consider Drs. Richman and Furst's opinions. The case is returned to the trial level for further proceedings to obtain clearer medical evidence and address specific contentions from the Subsequent Injuries Benefits Fund regarding apportionment and overall permanent disability.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded a WCJ's decision awarding applicant 58% permanent disability for injuries to her wrists and psyche. The WCAB found that the WCJ's decision lacked substantial evidence because the medical opinions on apportionment and permanent disability were insufficient, particularly Dr. Gilberg's unclear apportionment and the failure to consider Drs. Richman and Furst's opinions. The case is returned to the trial level for further proceedings to obtain clearer medical evidence and address specific contentions from the Subsequent Injuries Benefits Fund regarding apportionment and overall permanent disability.

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.