Home/Case Law/LETICIA FARIAS vs. EXTENDED STAY AMERICA, ZURICH AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

LETICIA FARIAS vs. EXTENDED STAY AMERICA, ZURICH AMERICAN INSURANCE COMPANY

Filed: Mar 18, 2014
Los Angeles
ADJ7558790

CompFox AI Summary

The WCAB granted reconsideration, rescinded the prior award, and remanded the case for further proceedings. The WCAB found the WCJ's reliance on a psychiatrist's report regarding industrial injury to the psyche was not substantial medical evidence due to inconsistencies and lack of clear reasoning. Furthermore, the WCJ failed to address the mandatory Labor Code section 4658(d) adjustment for permanent disability, and findings on evidence admissibility should be included in the decision, not the opinion.

Full Decision Text1 Pages

The WCAB granted reconsideration, rescinded the prior award, and remanded the case for further proceedings. The WCAB found the WCJ's reliance on a psychiatrist's report regarding industrial injury to the psyche was not substantial medical evidence due to inconsistencies and lack of clear reasoning. Furthermore, the WCJ failed to address the mandatory Labor Code section 4658(d) adjustment for permanent disability, and findings on evidence admissibility should be included in the decision, not the opinion.

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LETICIA FARIAS vs. EXTENDED STAY AMERICA, ZURICH AMERICAN INSURANCE COMPANY (2014) – Los Angeles | CompFox