Home/Case Law/RAFAEL CASTRO vs. MATCHMASTER DYEING & FINISHING CO., INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

RAFAEL CASTRO vs. MATCHMASTER DYEING & FINISHING CO., INC., STATE COMPENSATION INSURANCE FUND

Filed: Apr 18, 2016
ADJ986845 (LAO 0843655)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the State Compensation Insurance Fund's (SCIF) petition for reconsideration. SCIF's arguments regarding the cumulative injury dates, vocational evidence supporting 100% permanent disability, and apportionment of permanent disability were rejected. The Board found SCIF waived the injury date issue by stipulating to it and failing to raise it earlier, and that the WCJ's findings were supported by substantial evidence, including unrebutted vocational expert testimony and the Agreed Medical Examiner's deposition. SCIF also failed to provide sufficient basis for apportionment, with the AME unable to clearly link non-industrial causes to the applicant's current condition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the State Compensation Insurance Fund's (SCIF) petition for reconsideration. SCIF's arguments regarding the cumulative injury dates, vocational evidence supporting 100% permanent disability, and apportionment of permanent disability were rejected. The Board found SCIF waived the injury date issue by stipulating to it and failing to raise it earlier, and that the WCJ's findings were supported by substantial evidence, including unrebutted vocational expert testimony and the Agreed Medical Examiner's deposition. SCIF also failed to provide sufficient basis for apportionment, with the AME unable to clearly link non-industrial causes to the applicant's current condition.

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