Home/Case Law/EDUARDO VILCHES CABRERA vs. TOWN OF SCOTIA CO. PACIFIC LUMBER, TRISTAR RISK MANAGEMENT
Regular DecisionWorkers' Compensation

EDUARDO VILCHES CABRERA vs. TOWN OF SCOTIA CO. PACIFIC LUMBER, TRISTAR RISK MANAGEMENT

Filed: Apr 17, 2017
Eureka
ADJ8750265

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior order that denied the defendant's request to compel the applicant's deposition. The Board found good cause existed for the deposition because a 2014 MRI showed a worsening of the applicant's knee condition, necessitating a second surgery, despite a prior QME report attributing 100% of permanent disability to the original 2006 industrial injury. This new development raised questions about potential subsequent injuries or intervening causes that could affect reimbursement. The Board permitted the deposition to gather information regarding the applicant's employment and any events between the QME's 2013 evaluation and the 2014 MRI.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior order that denied the defendant's request to compel the applicant's deposition. The Board found good cause existed for the deposition because a 2014 MRI showed a worsening of the applicant's knee condition, necessitating a second surgery, despite a prior QME report attributing 100% of permanent disability to the original 2006 industrial injury. This new development raised questions about potential subsequent injuries or intervening causes that could affect reimbursement. The Board permitted the deposition to gather information regarding the applicant's employment and any events between the QME's 2013 evaluation and the 2014 MRI.

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.