Home/Case Law/JAMES HERNANDEZ vs. GALLO GLASS COMPANY
Regular DecisionReconsideration

JAMES HERNANDEZ vs. GALLO GLASS COMPANY

Filed: Nov 01, 2010
San Francisco
ADJ2411163 (STK 0151867) ADJ4480333 (STK 0153205) ADJ2289502 (STK 0166931) ADJ3381209 (STK 0166939)

CompFox AI Summary

The Workers' Compensation Appeals Board denied Gallo Glass Company's petition for reconsideration of a findings and award. The Board affirmed the finding of 57.5% permanent disability for bilateral shoulders, neck, and back injuries resulting from cumulative trauma, based on parties' stipulations and credible medical evidence. The Board found no error in the rating instructions, as they followed the parties' stipulation regarding Dr. Kucera's report. Finally, the Board concluded Gallo Glass failed to meet its burden of proof to establish overlap for apportionment under Labor Code § 4664, therefore no reduction for prior awards was granted.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Gallo Glass Company's petition for reconsideration of a findings and award. The Board affirmed the finding of 57.5% permanent disability for bilateral shoulders, neck, and back injuries resulting from cumulative trauma, based on parties' stipulations and credible medical evidence. The Board found no error in the rating instructions, as they followed the parties' stipulation regarding Dr. Kucera's report. Finally, the Board concluded Gallo Glass failed to meet its burden of proof to establish overlap for apportionment under Labor Code § 4664, therefore no reduction for prior awards was granted.

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