Home/Case Law/Kay Rodriguez vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

Kay Rodriguez vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND

Filed: Sep 27, 2012
San Francisco
ADJ1728771 (LBO 0316743) ADJ1516565 (LBO 0860347)

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of the Applicant's claim. The Board adopted the Workers' Compensation Administrative Law Judge's report, which found that the Agreed Medical Evaluator (AME) failed to adequately explain why an alternative impairment rating method (grip loss) was more accurate than the standard method (carpal tunnel syndrome) according to the AMA Guides. This lack of reasoning rendered the AME's opinion unsubstantial evidence for determining the Applicant's impairment. Therefore, the Board upheld the initial finding based on carpal tunnel syndrome, not grip loss.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of the Applicant's claim. The Board adopted the Workers' Compensation Administrative Law Judge's report, which found that the Agreed Medical Evaluator (AME) failed to adequately explain why an alternative impairment rating method (grip loss) was more accurate than the standard method (carpal tunnel syndrome) according to the AMA Guides. This lack of reasoning rendered the AME's opinion unsubstantial evidence for determining the Applicant's impairment. Therefore, the Board upheld the initial finding based on carpal tunnel syndrome, not grip loss.

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