Home/Case Law/NANCY WHALEN vs. FIVE ACRES BOYS & GIRLS AID SOCIETY, UNITED STATES FIRE INSURANCE COMPANY
Regular DecisionReconsideration

NANCY WHALEN vs. FIVE ACRES BOYS & GIRLS AID SOCIETY, UNITED STATES FIRE INSURANCE COMPANY

Filed: Jan 30, 2019
Van Nuys
ADJ7991744

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the original award of 97% permanent disability to Nancy Whalen for a 2007 industrial injury. The Board found the WCJ's reliance on Dr. Pietruszka's reports was proper, even if self-procured, and that the defendant waived objections to disputed body parts. The WCJ's determination of the occupational group code was also upheld, as the defendant failed to properly object or challenge the rating specialist's expert opinion. The Board concluded that substantial medical evidence supported the WCJ's findings and denied the defendant's request for further development of the record.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the original award of 97% permanent disability to Nancy Whalen for a 2007 industrial injury. The Board found the WCJ's reliance on Dr. Pietruszka's reports was proper, even if self-procured, and that the defendant waived objections to disputed body parts. The WCJ's determination of the occupational group code was also upheld, as the defendant failed to properly object or challenge the rating specialist's expert opinion. The Board concluded that substantial medical evidence supported the WCJ's findings and denied the defendant's request for further development of the record.

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