Home/Case Law/DONALD VIEIRA vs. BERKELEY OAKLAND SUPPORT SYSTEM, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

DONALD VIEIRA vs. BERKELEY OAKLAND SUPPORT SYSTEM, STATE COMPENSATION INSURANCE FUND

Filed: May 08, 2014
San Francisco
ADJ4502123 (OAK 0289636)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) affirmed its prior decision finding applicant's permanent disability subject to apportionment. The WCAB found the Agreed Medical Evaluator's (AME) opinion that 50% of applicant's disability was industrially caused and 50% due to prior factors to be substantial medical evidence. Applicant's contention that apportionment was not proven was rejected, upholding the AME's conclusion on the basis of the medical reporting. One commissioner dissented, arguing the AME's opinion was inconsistent and lacked sufficient explanation for apportionment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) affirmed its prior decision finding applicant's permanent disability subject to apportionment. The WCAB found the Agreed Medical Evaluator's (AME) opinion that 50% of applicant's disability was industrially caused and 50% due to prior factors to be substantial medical evidence. Applicant's contention that apportionment was not proven was rejected, upholding the AME's conclusion on the basis of the medical reporting. One commissioner dissented, arguing the AME's opinion was inconsistent and lacked sufficient explanation for apportionment.

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