Home/Case Law/SISSON STEWART vs. CALIFORNIA STATE PRISON, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

SISSON STEWART vs. CALIFORNIA STATE PRISON, STATE COMPENSATION INSURANCE FUND

Filed: Feb 21, 2017
Van Nuys
ADJ9526635

CompFox AI Summary

The Appeals Board granted reconsideration and affirmed the original award, but remanded the case to defer the issue of permanent disability. This decision arose because the treating physician's permanent disability rating, based on grip strength loss, was deemed not substantial medical evidence under AMA Guides. The Appeals Board found that the doctor failed to adequately justify the use of grip strength over range of motion or other objective findings, and further development of the medical record is required. Consequently, the case returns to the trial level for further proceedings on permanent disability.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and affirmed the original award, but remanded the case to defer the issue of permanent disability. This decision arose because the treating physician's permanent disability rating, based on grip strength loss, was deemed not substantial medical evidence under AMA Guides. The Appeals Board found that the doctor failed to adequately justify the use of grip strength over range of motion or other objective findings, and further development of the medical record is required. Consequently, the case returns to the trial level for further proceedings on permanent disability.

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