Home/Case Law/JOSEPH GUTIERRES vs. AQUA DUCT PLUMBING, CONNECTICUT INDEMNITY, VIRGINIA SURETY COMPANY
Regular DecisionReconsideration

JOSEPH GUTIERRES vs. AQUA DUCT PLUMBING, CONNECTICUT INDEMNITY, VIRGINIA SURETY COMPANY

Filed: Aug 16, 2010
ADJ1829493 (SAL 0118695) ADJ1946050 (OAK 0338330) ADJ961190 (OAK 0338331)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to insufficient evidence supporting the findings of specific and cumulative industrial injuries. The Board found that the Agreed Medical Examiner's (AME) and Qualified Medical Evaluator's (QME) reports lacked substantial evidence, particularly concerning the nature of modified work duties and the mechanism of the March 29, 2001 injury. The case is returned to the trial level for further proceedings to fully develop the record, including potentially deposing percipient witnesses. The Board also admonished co-defendant Connecticut Indemnity for violating filing rules.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to insufficient evidence supporting the findings of specific and cumulative industrial injuries. The Board found that the Agreed Medical Examiner's (AME) and Qualified Medical Evaluator's (QME) reports lacked substantial evidence, particularly concerning the nature of modified work duties and the mechanism of the March 29, 2001 injury. The case is returned to the trial level for further proceedings to fully develop the record, including potentially deposing percipient witnesses. The Board also admonished co-defendant Connecticut Indemnity for violating filing rules.

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