Home/Case Law/Mario Diaz vs. The Gainey Vineyard, Crump & Forster, United States Fire Insurance
Regular DecisionWorkers' Compensation

Mario Diaz vs. The Gainey Vineyard, Crump & Forster, United States Fire Insurance

Filed: Apr 11, 2017
Santa Barbara
ADJ8558787

CompFox AI Summary

This case involves Mario Diaz's workers' compensation claim for a lumbar spine injury. The Appeals Board granted reconsideration to amend the award, finding the agreed medical examiner's apportionment to pre-existing spondylolisthesis was not sufficiently justified. The Board also corrected the permanent disability rating calculation, utilizing the examiner's 34% whole person impairment instead of the initial 45% regional impairment, ultimately awarding 48% permanent disability without apportionment.

Full Decision Text1 Pages

This case involves Mario Diaz's workers' compensation claim for a lumbar spine injury. The Appeals Board granted reconsideration to amend the award, finding the agreed medical examiner's apportionment to pre-existing spondylolisthesis was not sufficiently justified. The Board also corrected the permanent disability rating calculation, utilizing the examiner's 34% whole person impairment instead of the initial 45% regional impairment, ultimately awarding 48% permanent disability without apportionment.

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Mario Diaz vs. The Gainey Vineyard, Crump & Forster, United States Fire Insurance (2017) – Santa Barbara | CompFox