CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision regarding applicant Rene Garcia's industrial injury to his low back and knees. The Board found that the treating physician's impairment rating was not substantial evidence because it impermissibly considered the applicant's ability to compete in the open labor market, in addition to Activities of Daily Living (ADLs), deviating from Almaraz/Guzman guidelines. The matter was returned to the trial level for further proceedings, including a supplemental report or deposition from the physician, to clarify the Almaraz/Guzman analysis solely on ADLs.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision regarding applicant Rene Garcia's industrial injury to his low back and knees. The Board found that the treating physician's impairment rating was not substantial evidence because it impermissibly considered the applicant's ability to compete in the open labor market, in addition to Activities of Daily Living (ADLs), deviating from Almaraz/Guzman guidelines. The matter was returned to the trial level for further proceedings, including a supplemental report or deposition from the physician, to clarify the Almaraz/Guzman analysis solely on ADLs.
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