Home/Case Law/ORVIL MARTIN vs. NATIONAL CEMENT/BUILDERS, CONFRETE, AMERICAN CASUALTY COMPANY, CNA CLAIMS PLUS
Regular DecisionRegular Panel Decision

ORVIL MARTIN vs. NATIONAL CEMENT/BUILDERS, CONFRETE, AMERICAN CASUALTY COMPANY, CNA CLAIMS PLUS

Filed: Dec 17, 2014
ADJ1862235 (FRE 0206581) ADJ1010899 (FRE 0206582)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and returned the case to the trial level for further proceedings. The WCAB found the original decision lacked substantial evidence regarding the applicant's 100% permanent disability rating and apportionment between two industrial injuries. Specifically, the WCAB noted insufficient medical and vocational evidence to fully explain the permanent disability, especially considering the applicant's attempted vocational rehabilitation. The board emphasized the need for updated medical reports, proper apportionment of psychiatric injury, and thorough vocational expert analysis.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and returned the case to the trial level for further proceedings. The WCAB found the original decision lacked substantial evidence regarding the applicant's 100% permanent disability rating and apportionment between two industrial injuries. Specifically, the WCAB noted insufficient medical and vocational evidence to fully explain the permanent disability, especially considering the applicant's attempted vocational rehabilitation. The board emphasized the need for updated medical reports, proper apportionment of psychiatric injury, and thorough vocational expert analysis.

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