CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award. The Board found that the Independent Medical Evaluator's (IME) April 2010 deposition testimony, which suggested that the applicant's fibromyalgia could not be medically apportioned between two distinct industrial injuries, was not substantial evidence. Consequently, the Board reinstated two separate 50% permanent disability awards for each injury, relying on earlier IME opinions that allowed for apportionment. The Board reasoned that the IME's later opinion lacked a medical basis and appeared to be influenced by legal considerations rather than medical findings.
ERMA LESTER vs. STATE OF CALIFORNIA, BOARD OF EQUALIZATION, STATE COMPENSATION INSURANCE FUND, et al is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award. The Board found that the Independent Medical Evaluator's (IME) April 2010 deposition testimony, which suggested that the applicant's fibromyalgia could not be medically apportioned between two distinct industrial injuries, was not substantial evidence. Consequently, the Board reinstated two separate 50% permanent disability awards for each injury, relying on earlier IME opinions that allowed for apportionment. The Board reasoned that the IME's later opinion lacked a medical basis and appeared to be influenced by legal considerations rather than medical findings.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.