CompFox AI Summary
The Workers' Compensation Appeals Board denied Maria Serrano's petition for reconsideration. The Board found that Serrano failed to demonstrate that her pre-existing non-industrial psychiatric condition was "labor disabling" prior to her subsequent industrial injury. Evidence of a later diagnosis of significant psychiatric disability is insufficient without contemporaneous proof of interference with work activity. Therefore, the applicant could not establish the necessary requirement for Subsequent Injuries Fund benefits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Maria Serrano's petition for reconsideration. The Board found that Serrano failed to demonstrate that her pre-existing non-industrial psychiatric condition was "labor disabling" prior to her subsequent industrial injury. Evidence of a later diagnosis of significant psychiatric disability is insufficient without contemporaneous proof of interference with work activity. Therefore, the applicant could not establish the necessary requirement for Subsequent Injuries Fund benefits.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.