Home/Case Law/Luis M. Mariscal vs. Blakeley Construction, State Compensation Insurance Fund
Regular DecisionWorkers' Compensation

Luis M. Mariscal vs. Blakeley Construction, State Compensation Insurance Fund

Filed: Aug 10, 2007
San Francisco
SRO 0277261

CompFox AI Summary

This case involves a workers' compensation claim for a back injury where the defendant seeks reconsideration of the permanent disability rating. The core issue is whether to apportion a portion of the disability to the applicant's pre-existing pathological condition, despite the evaluating physician's potentially contradictory opinion. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for a new rating consistent with apportionment principles established in recent case law.

Full Decision Text1 Pages

This case involves a workers' compensation claim for a back injury where the defendant seeks reconsideration of the permanent disability rating. The core issue is whether to apportion a portion of the disability to the applicant's pre-existing pathological condition, despite the evaluating physician's potentially contradictory opinion. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for a new rating consistent with apportionment principles established in recent case law.

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