Home/Case Law/MICHAEL RISCH vs. AT HOME NURSING, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

MICHAEL RISCH vs. AT HOME NURSING, STATE COMPENSATION INSURANCE FUND

Filed: Sep 03, 2009
San Francisco
ADJ3834810 (SRO 0121550)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding of 100% permanent disability for the applicant. The Board found substantial evidence supported the total permanent disability rating and the applicant's average weekly earnings. The 1997 Permanent Disability Rating Schedule was correctly applied due to pre-January 1, 2005 medical reporting indicating permanent disability. The Board also affirmed the WCJ's rejection of apportionment to pre-existing conditions, as the applicant had fully recovered and returned to strenuous work.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding of 100% permanent disability for the applicant. The Board found substantial evidence supported the total permanent disability rating and the applicant's average weekly earnings. The 1997 Permanent Disability Rating Schedule was correctly applied due to pre-January 1, 2005 medical reporting indicating permanent disability. The Board also affirmed the WCJ's rejection of apportionment to pre-existing conditions, as the applicant had fully recovered and returned to strenuous work.

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MICHAEL RISCH vs. AT HOME NURSING, STATE COMPENSATION INSURANCE FUND (2009) – San Francisco | CompFox