CompFox AI Summary
This case involves two workers' compensation claims for cumulative trauma injuries to an applicant's neck, back, arms, and shoulders sustained while working at Taco Bell. The defendant sought reconsideration, arguing a due process violation due to the WCJ finding cumulative trauma injuries after parties stipulated to specific injuries. The Appeals Board affirmed the WCJ's decision, holding that the WCJ properly amended pleadings to conform to proof based on AME medical reports, and the defendant had ample notice of the potential for cumulative trauma claims, thus not violating due process. The Board also found the AME's use of grip strength for impairment assessment and the lumbar spine impairment category to be consistent with the AMA Guides and supported by substantial evidence.
Full Decision Text1 Pages
This case involves two workers' compensation claims for cumulative trauma injuries to an applicant's neck, back, arms, and shoulders sustained while working at Taco Bell. The defendant sought reconsideration, arguing a due process violation due to the WCJ finding cumulative trauma injuries after parties stipulated to specific injuries. The Appeals Board affirmed the WCJ's decision, holding that the WCJ properly amended pleadings to conform to proof based on AME medical reports, and the defendant had ample notice of the potential for cumulative trauma claims, thus not violating due process. The Board also found the AME's use of grip strength for impairment assessment and the lumbar spine impairment category to be consistent with the AMA Guides and supported by substantial evidence.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.