CompFox AI Summary
The Workers' Compensation Appeals Board denied Leprino Foods' petition for reconsideration, affirming the administrative law judge's finding of industrial injury to the applicant's low back. The Board found that the applicant's $34%$ permanent disability rating, determined using the AMA Guides and the 2005 Schedule, was correct, even though the applicant self-procured back surgery after the defendant denied authorization. Despite the denial, the agreed medical examiner later opined the surgery was reasonable and necessary, and it relieved the applicant's symptoms, supporting the disability assessment. Defendant did not rebut the permanent disability calculation under Labor Code section 4660.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Leprino Foods' petition for reconsideration, affirming the administrative law judge's finding of industrial injury to the applicant's low back. The Board found that the applicant's $34%$ permanent disability rating, determined using the AMA Guides and the 2005 Schedule, was correct, even though the applicant self-procured back surgery after the defendant denied authorization. Despite the denial, the agreed medical examiner later opined the surgery was reasonable and necessary, and it relieved the applicant's symptoms, supporting the disability assessment. Defendant did not rebut the permanent disability calculation under Labor Code section 4660.
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