Home/Case Law/MARIO PENATE vs. OLD DOMINION FREIGHT LINE, INC., NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionRegular Panel Decision

MARIO PENATE vs. OLD DOMINION FREIGHT LINE, INC., NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

Filed: Feb 22, 2016
San Bernardino
ADJ9580355

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to defer the issue of permanent disability, affirming other aspects of the original award. Defendant contended the initial award improperly relied on the applicant's physician over a QME and on the applicant's impeached testimony, and used the incorrect occupational group number. The Board found the original rating instructions were incomplete regarding the lumbar spine and required clarification and re-rating. They also corrected the occupational group number to 350, as stipulated by the parties.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to defer the issue of permanent disability, affirming other aspects of the original award. Defendant contended the initial award improperly relied on the applicant's physician over a QME and on the applicant's impeached testimony, and used the incorrect occupational group number. The Board found the original rating instructions were incomplete regarding the lumbar spine and required clarification and re-rating. They also corrected the occupational group number to 350, as stipulated by the parties.

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