Home/Case Law/ROSA LORENA VALENCIA vs. BARCELINO CONTINENTAL CORP., AMTRUST NORTH AMERICA
Regular DecisionReconsideration

ROSA LORENA VALENCIA vs. BARCELINO CONTINENTAL CORP., AMTRUST NORTH AMERICA

Filed: Oct 04, 2018
San Jose
ADJ10815502

CompFox AI Summary

This case concerns defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision awarding temporary total disability (TTD) benefits to the applicant. The defendant disputes the TTD award beyond June 1, 2017, arguing the medical evidence does not support ongoing disability. The WCAB denied reconsideration, adopting the WCJ's report and finding medical evidence indicated the applicant had not reached maximum medical improvement and required further treatment before her condition could be deemed permanent and stationary. However, the dissenting opinion argued the medical opinions were speculative and insufficient to support indefinite TTD, recommending the case be returned for further development of the record on the applicant's TTD status.

Full Decision Text1 Pages

This case concerns defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision awarding temporary total disability (TTD) benefits to the applicant. The defendant disputes the TTD award beyond June 1, 2017, arguing the medical evidence does not support ongoing disability. The WCAB denied reconsideration, adopting the WCJ's report and finding medical evidence indicated the applicant had not reached maximum medical improvement and required further treatment before her condition could be deemed permanent and stationary. However, the dissenting opinion argued the medical opinions were speculative and insufficient to support indefinite TTD, recommending the case be returned for further development of the record on the applicant's TTD status.

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