Home/Case Law/THERESA DELGADO vs. MERCED CITY SCHOOL DISTRICT, CLAIMS MANAGEMENT, INC.
Regular DecisionReconsideration

THERESA DELGADO vs. MERCED CITY SCHOOL DISTRICT, CLAIMS MANAGEMENT, INC.

Filed: Mar 23, 2009
San Francisco
ADJ460346 (STK 0189196)

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the medical reports relied upon by the trial judge, dated from 2004, were stale and insufficient to support a finding of 27% permanent disability. Consequently, the Board rescinded the prior award and returned the case for further proceedings to develop the medical record regarding the applicant's current disability status. This action was taken to ensure due process and a decision based on substantial, current evidence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the medical reports relied upon by the trial judge, dated from 2004, were stale and insufficient to support a finding of 27% permanent disability. Consequently, the Board rescinded the prior award and returned the case for further proceedings to develop the medical record regarding the applicant's current disability status. This action was taken to ensure due process and a decision based on substantial, current evidence.

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