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The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings. The Board found that the prior award of permanent total disability was not supported by substantial medical or vocational evidence due to a failure to properly address apportionment between multiple injuries. Specifically, the vocational expert did not account for the orthopedic AME's apportionment findings, and the WCJ issued a combined award without sufficient justification. Additionally, the Board clarified that any award must adhere to inmate disability indemnity limitations and that reimbursement for self-procured medical treatment must be reasonable and necessary.
NANCY JOHNSON vs. STATE OF CALIFORNIA; DEPARTMENT OF CORRECTIONS, INMATE CLAIMS, legally uninsured, adjusted by e3STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS is a workers' compensation case decided in Santa Barbara. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Santa Barbara.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings. The Board found that the prior award of permanent total disability was not supported by substantial medical or vocational evidence due to a failure to properly address apportionment between multiple injuries. Specifically, the vocational expert did not account for the orthopedic AME's apportionment findings, and the WCJ issued a combined award without sufficient justification. Additionally, the Board clarified that any award must adhere to inmate disability indemnity limitations and that reimbursement for self-procured medical treatment must be reasonable and necessary.
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