Home/Case Law/PRISCILLA HIGUERA vs. MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted by KEENAN & ASSOCIATES
Regular Decision

PRISCILLA HIGUERA vs. MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted by KEENAN & ASSOCIATES

Filed: Oct 11, 2013
ADJ4289546 (SAL 0081125) ADJ1402741 (SAL 0108803) ADJ1957943 (SAL 0108004) ADJ2968816 (SAL 0108005) ADJ4583148 (SAL 0108006) ADJ3337827 (SAL 0101675)

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded the prior findings and award and returned the case to the trial level due to insufficient medical evidence regarding apportionment of permanent disability. Both medical examiners failed to provide adequate explanations for their apportionment conclusions between multiple dates of injury and a cumulative trauma. The Board noted the duty to develop the record when medical evidence is insufficient to ensure substantial justice. Further proceedings will address applicant's contentions, including potential additional dates of injury and the timeliness of claims.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded the prior findings and award and returned the case to the trial level due to insufficient medical evidence regarding apportionment of permanent disability. Both medical examiners failed to provide adequate explanations for their apportionment conclusions between multiple dates of injury and a cumulative trauma. The Board noted the duty to develop the record when medical evidence is insufficient to ensure substantial justice. Further proceedings will address applicant's contentions, including potential additional dates of injury and the timeliness of claims.

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