Home/Case Law/ELIBORIO MAYORGA vs. DEXTER AXLE CHASSIS GROUP, AIG, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionReconsideration

ELIBORIO MAYORGA vs. DEXTER AXLE CHASSIS GROUP, AIG, GALLAGHER BASSETT SERVICES, INC.

Filed: Jun 25, 2015
ADJ364166 (LAO 0879384) ADJ3925942 (LAO 0881103)

CompFox AI Summary

The Appeals Board reconsidered a joint findings and award, finding the initial determination of permanent disability and apportionment for psyche and hypertension injuries lacked substantial evidence. Specifically, the Board found that medical opinions on apportionment from different specialties could not be substituted or combined without independent justification from each specialist. Consequently, the case is remanded to the trial level for further development of the record to obtain independent apportionment opinions from the physicians regarding the psyche and hypertension injuries. The remainder of the WCJ's decision, including temporary disability findings, is affirmed.

Full Decision Text1 Pages

The Appeals Board reconsidered a joint findings and award, finding the initial determination of permanent disability and apportionment for psyche and hypertension injuries lacked substantial evidence. Specifically, the Board found that medical opinions on apportionment from different specialties could not be substituted or combined without independent justification from each specialist. Consequently, the case is remanded to the trial level for further development of the record to obtain independent apportionment opinions from the physicians regarding the psyche and hypertension injuries. The remainder of the WCJ's decision, including temporary disability findings, is affirmed.

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