Home/Case Law/KIMBERLY WATKINS vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, SUBSEQUENT INJURIES BENEFITS TRUST FUND
Regular DecisionReconsideration

KIMBERLY WATKINS vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

Filed: Feb 11, 2010
San Francisco
ADJ3134277 (SAC 0237184)

CompFox AI Summary

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding her permanent disability rating. The applicant argues the assigned 39% permanent disability, resulting in a combined 95% disability with pre-existing conditions, is too low. She claims unrebutted medical and vocational expert evidence establishes total permanent disability (100%) due to her inability to compete in the labor market. The WCAB denied reconsideration, adopting the judge's report, but one commissioner dissented, arguing the evidence strongly supported a 100% disability finding.

Full Decision Text1 Pages

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding her permanent disability rating. The applicant argues the assigned 39% permanent disability, resulting in a combined 95% disability with pre-existing conditions, is too low. She claims unrebutted medical and vocational expert evidence establishes total permanent disability (100%) due to her inability to compete in the labor market. The WCAB denied reconsideration, adopting the judge's report, but one commissioner dissented, arguing the evidence strongly supported a 100% disability finding.

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