CompFox AI Summary
This case involves a petition for reconsideration by the defendant, East Bay Municipal Utilities District, challenging an administrative law judge's award of permanent disability for Tabitha Asim's hip and lumbar spine injuries. The defendant argues that the Qualified Medical Evaluator's (QME) disability ratings were not substantial medical evidence, as they were based on restrictions caused by a non-industrial hernia and lacked adequate justification under Almaraz/Guzman. The Workers' Compensation Appeals Board granted reconsideration, rescinded the award, and returned the matter to the trial level for further development of the medical record to clarify the extent of permanent disability. The Board noted the QME's inability to differentiate limitations caused by the industrial injuries from those due to the hernia.
Full Decision Text1 Pages
This case involves a petition for reconsideration by the defendant, East Bay Municipal Utilities District, challenging an administrative law judge's award of permanent disability for Tabitha Asim's hip and lumbar spine injuries. The defendant argues that the Qualified Medical Evaluator's (QME) disability ratings were not substantial medical evidence, as they were based on restrictions caused by a non-industrial hernia and lacked adequate justification under Almaraz/Guzman. The Workers' Compensation Appeals Board granted reconsideration, rescinded the award, and returned the matter to the trial level for further development of the medical record to clarify the extent of permanent disability. The Board noted the QME's inability to differentiate limitations caused by the industrial injuries from those due to the hernia.
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