Home/Case Law/JOAQUIN ROSALES vs. SWANSON FAHRNEY FORD, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionReconsideration

JOAQUIN ROSALES vs. SWANSON FAHRNEY FORD, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.

Filed: Aug 08, 2018
Fresno
ADJ10725180 ADJ11229196

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's award of 8% permanent disability for the applicant's left elbow injury. The award was based on a panel QME's opinion that, while no scheduled impairment existed under the AMA Guides, other factors like constant pain, loss of strength, grasping difficulty, and tendon tears justified a rating under Table 13-22 and Guzman. The Board found Dr. Tabaddor's rationale sufficiently supported the impairment rating, distinguishing it from the "add-on" pain provisions addressed in Blackledge.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's award of 8% permanent disability for the applicant's left elbow injury. The award was based on a panel QME's opinion that, while no scheduled impairment existed under the AMA Guides, other factors like constant pain, loss of strength, grasping difficulty, and tendon tears justified a rating under Table 13-22 and Guzman. The Board found Dr. Tabaddor's rationale sufficiently supported the impairment rating, distinguishing it from the "add-on" pain provisions addressed in Blackledge.

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