Home/Case Law/MIGUEL ZAVALA vs. REPUBLIC SERVICES, INC., ACE AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

MIGUEL ZAVALA vs. REPUBLIC SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

Filed: Aug 29, 2017
Oakland
ADJ10523108

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior award, finding the Agreed Medical Examiner's (AME) opinion regarding permanent disability lacked substantial evidence. The AME stated a strict application of the AMA Guides would not reflect applicant's impairment but failed to adequately explain this deviation or the reasoning behind using grip strength as a measure. The WCAB remanded the case to the WCJ for further proceedings, specifically requesting development of the record with a further opinion from the AME. This action aligns with precedent requiring medical opinions to provide sufficient reasoning beyond mere conclusions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior award, finding the Agreed Medical Examiner's (AME) opinion regarding permanent disability lacked substantial evidence. The AME stated a strict application of the AMA Guides would not reflect applicant's impairment but failed to adequately explain this deviation or the reasoning behind using grip strength as a measure. The WCAB remanded the case to the WCJ for further proceedings, specifically requesting development of the record with a further opinion from the AME. This action aligns with precedent requiring medical opinions to provide sufficient reasoning beyond mere conclusions.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.