Home/Case Law/ROBERT BARGAS vs. FRESNO UNIFIED SCHOOL DISTRICT
Regular DecisionReconsideration

ROBERT BARGAS vs. FRESNO UNIFIED SCHOOL DISTRICT

Filed: Nov 05, 2010
ADJ6714887

CompFox AI Summary

This case involves a dispute over the permanent disability rating for a carpenter injured in 2008. The defendant school district sought reconsideration of a 31% permanent disability award. The Appeals Board granted reconsideration, finding the agreed medical evaluator's (AME) "functional" impairment rating, which led to the 31% award, was not substantial evidence. The Board rescinded the award and remanded for a new rating, requiring strict application of the AMA Guides unless the AME adequately explains any deviation.

Full Decision Text1 Pages

This case involves a dispute over the permanent disability rating for a carpenter injured in 2008. The defendant school district sought reconsideration of a 31% permanent disability award. The Appeals Board granted reconsideration, finding the agreed medical evaluator's (AME) "functional" impairment rating, which led to the 31% award, was not substantial evidence. The Board rescinded the award and remanded for a new rating, requiring strict application of the AMA Guides unless the AME adequately explains any deviation.

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