Home/Case Law/MARLENE CHAN vs. MARINER POST ACUTE NETWORK, INGLEWOOD HEALTH CARE CENTER, AMERICAN HOME ASSURANCE COMPANY, CHARTIS INC
Regular DecisionReconsideration

MARLENE CHAN vs. MARINER POST ACUTE NETWORK, INGLEWOOD HEALTH CARE CENTER, AMERICAN HOME ASSURANCE COMPANY, CHARTIS INC

Filed: Sep 08, 2011
ADJ2148955 (LAO 0809167) ADJ4462493 (LAO 0809166)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinded a previous award, and returned the case for further proceedings. The Board found that the finding of 100% permanent disability for the applicant's psychiatric injury was not supported by substantial medical evidence because the appointed physician found her to be temporarily, not permanently, disabled. As the applicant's psychiatric condition was not deemed permanent and stationary, assessing the extent of permanent disability was premature. The matter was remanded for further evaluation by the physician and new proceedings at the trial level.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinded a previous award, and returned the case for further proceedings. The Board found that the finding of 100% permanent disability for the applicant's psychiatric injury was not supported by substantial medical evidence because the appointed physician found her to be temporarily, not permanently, disabled. As the applicant's psychiatric condition was not deemed permanent and stationary, assessing the extent of permanent disability was premature. The matter was remanded for further evaluation by the physician and new proceedings at the trial level.

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