Home/Case Law/Elizabeth Wallace vs. Law Office of Errol Berk, State Compensation Insurance Fund
Regular DecisionReconsideration

Elizabeth Wallace vs. Law Office of Errol Berk, State Compensation Insurance Fund

Filed: Apr 01, 2011
ADJ4568443

CompFox AI Summary

The Workers' Compensation Appeals Board overturned a prior finding, ruling that the applicant's industrial injury resulted in permanent total disability. The Board found the defendant failed to meet its burden of proof for apportioning disability to non-industrial factors, as the medical evaluator's opinion relied on an outdated legal standard. Consequently, the applicant is entitled to permanent total disability indemnity and further proceedings will determine attorney's fees and the present value of the award.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board overturned a prior finding, ruling that the applicant's industrial injury resulted in permanent total disability. The Board found the defendant failed to meet its burden of proof for apportioning disability to non-industrial factors, as the medical evaluator's opinion relied on an outdated legal standard. Consequently, the applicant is entitled to permanent total disability indemnity and further proceedings will determine attorney's fees and the present value of the award.

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