CompFox AI Summary
This case involves an applicant whose permanent disability rating was challenged. The administrative law judge (WCJ) found a combined permanent disability of 61%, but the applicant argued the WCJ erred by not adopting an agreed medical evaluator's "alternative manner" of calculating cervical spine impairment. While the WCJ correctly rejected the evaluator's method as lacking substantial evidence under Guzman, the Appeals Board granted reconsideration. The Board rescinded the award to allow the medical evaluator to provide a revised opinion that fully complies with Guzman standards for establishing cervical spine impairment.
Full Decision Text1 Pages
This case involves an applicant whose permanent disability rating was challenged. The administrative law judge (WCJ) found a combined permanent disability of 61%, but the applicant argued the WCJ erred by not adopting an agreed medical evaluator's "alternative manner" of calculating cervical spine impairment. While the WCJ correctly rejected the evaluator's method as lacking substantial evidence under Guzman, the Appeals Board granted reconsideration. The Board rescinded the award to allow the medical evaluator to provide a revised opinion that fully complies with Guzman standards for establishing cervical spine impairment.
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