Home/Case Law/GILDA MITCHELL vs. UNITY HOME HEALTH, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SUPERIOR PACIFIC, BROADSPIRE
Regular DecisionReconsideration

GILDA MITCHELL vs. UNITY HOME HEALTH, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SUPERIOR PACIFIC, BROADSPIRE

Filed: Feb 08, 2011
San Francisco
ADJ4441041 (MON 0231321)

CompFox AI Summary

The applicant sought reconsideration of a workers' compensation award, primarily arguing for a higher permanent disability rating and increased attorney fees. The Board granted reconsideration, affirming the original award but increasing the attorney's fee from 6% to 10% of the permanent disability indemnity. The Board found the WCJ correctly relied on Dr. Biscaro's apportionment opinion, as it constituted substantial evidence. The Board also found no substantial evidence supported claims of industrial injury to the applicant's shoulder or a compensable psychiatric injury.

Full Decision Text1 Pages

The applicant sought reconsideration of a workers' compensation award, primarily arguing for a higher permanent disability rating and increased attorney fees. The Board granted reconsideration, affirming the original award but increasing the attorney's fee from 6% to 10% of the permanent disability indemnity. The Board found the WCJ correctly relied on Dr. Biscaro's apportionment opinion, as it constituted substantial evidence. The Board also found no substantial evidence supported claims of industrial injury to the applicant's shoulder or a compensable psychiatric injury.

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GILDA MITCHELL vs. UNITY HOME HEALTH, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SUPERIOR PACIFIC, BROADSPIRE (2011) – San Francisco | CompFox