Home/Case Law/MICHAEL KESTEL vs. CAPITOL BUICK PONTIAC GMC, ZENITH, REPUBLIC INDEMNITY
Regular DecisionReconsideration

MICHAEL KESTEL vs. CAPITOL BUICK PONTIAC GMC, ZENITH, REPUBLIC INDEMNITY

Filed: Apr 12, 2010
San Francisco
ADJ1793931 (OAK 0336568)

CompFox AI Summary

This case concerns an appeal regarding the applicant's permanent disability rating for upper extremity injury. The defendants contended that the original $24%$ rating was improperly calculated, specifically challenging the inclusion of grip loss as a factor. The Appeals Board found the Agreed Medical Evaluator's opinion on grip loss to be speculative and not substantial evidence under the Almaraz II decision. Consequently, the Board granted reconsideration, amended the award to $16%$ permanent disability, and affirmed the remainder of the original findings.

Full Decision Text1 Pages

This case concerns an appeal regarding the applicant's permanent disability rating for upper extremity injury. The defendants contended that the original $24%$ rating was improperly calculated, specifically challenging the inclusion of grip loss as a factor. The Appeals Board found the Agreed Medical Evaluator's opinion on grip loss to be speculative and not substantial evidence under the Almaraz II decision. Consequently, the Board granted reconsideration, amended the award to $16%$ permanent disability, and affirmed the remainder of the original findings.

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MICHAEL KESTEL vs. CAPITOL BUICK PONTIAC GMC, ZENITH, REPUBLIC INDEMNITY (2010) – San Francisco | CompFox