Home/Case Law/STEPHEN KEMBLE vs. BAY VIEW PUMBING AND HEATING, ENDURANCE INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

STEPHEN KEMBLE vs. BAY VIEW PUMBING AND HEATING, ENDURANCE INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

Filed: Sep 17, 2012
ADJ3449073 (LBO 0392250) ADJ3573639 (LBO 0393361)

CompFox AI Summary

The Appeals Board granted reconsideration of prior decisions that apportioned the applicant's 100% permanent disability between two industrial injuries and non-industrial factors. The Board found the psychiatric Agreed Medical Examiner's opinion unsubstantial due to a lack of review of pre-injury records and a misunderstanding of apportionment duties. Consequently, the matter was returned to the trial level for further proceedings, including appointing a new medical examiner to address causation and apportionment issues more thoroughly. The Board emphasized the need for a fully developed record on complex medical causation concerning the psyche injury.

Full Decision Text1 Pages

The Appeals Board granted reconsideration of prior decisions that apportioned the applicant's 100% permanent disability between two industrial injuries and non-industrial factors. The Board found the psychiatric Agreed Medical Examiner's opinion unsubstantial due to a lack of review of pre-injury records and a misunderstanding of apportionment duties. Consequently, the matter was returned to the trial level for further proceedings, including appointing a new medical examiner to address causation and apportionment issues more thoroughly. The Board emphasized the need for a fully developed record on complex medical causation concerning the psyche injury.

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