Home/Case Law/MARI J. MOLLO vs. SANTA CLARA COUNTY SUPERIOR COURT, aka SANTA CLARA-JBWCP, PSI, adjusted by TRISTAR RISK MANAGEMENT
Regular DecisionReconsideration

MARI J. MOLLO vs. SANTA CLARA COUNTY SUPERIOR COURT, aka SANTA CLARA-JBWCP, PSI, adjusted by TRISTAR RISK MANAGEMENT

Filed: Aug 18, 2008
SJO 0261668

CompFox AI Summary

The Appeals Board granted the defendant's petition for reconsideration, finding that the trial judge's permanent disability rating was not supported by substantial evidence. The primary issue was the rating of the applicant's grip strength loss, which the agreed medical evaluator stated could not be rated under the AMA Guides due to certain conditions. The Board amended the award to defer the issues of permanent disability and attorney's fees, returning the matter to the trial level for further development of the record. This includes obtaining a supplemental report from the medical evaluator to clarify rating issues and thoroughly address the applicant's activities of daily living.

Full Decision Text1 Pages

The Appeals Board granted the defendant's petition for reconsideration, finding that the trial judge's permanent disability rating was not supported by substantial evidence. The primary issue was the rating of the applicant's grip strength loss, which the agreed medical evaluator stated could not be rated under the AMA Guides due to certain conditions. The Board amended the award to defer the issues of permanent disability and attorney's fees, returning the matter to the trial level for further development of the record. This includes obtaining a supplemental report from the medical evaluator to clarify rating issues and thoroughly address the applicant's activities of daily living.

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