Home/Case Law/UFRACINA CERVANTES vs. STRATEGIC RESTAURANT COMPANY II, LLC, NEW HAMPSHIRE INSURANCE COMPANY
Regular DecisionReconsideration

UFRACINA CERVANTES vs. STRATEGIC RESTAURANT COMPANY II, LLC, NEW HAMPSHIRE INSURANCE COMPANY

Filed: Nov 15, 2019
Santa Rosa
ADJ10278736

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a finding of $75%$ permanent disability. The applicant argued for $100%$ permanent disability based on vocational and medical expert opinions. The Board found the applicant failed to meet her burden of proof for total disability due to insufficient substantial medical evidence. A dissenting commissioner believed the record was undeveloped, particularly regarding a requested functional capacity evaluation and a psychiatric evaluation, and that further development was necessary for substantial justice.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a finding of $75%$ permanent disability. The applicant argued for $100%$ permanent disability based on vocational and medical expert opinions. The Board found the applicant failed to meet her burden of proof for total disability due to insufficient substantial medical evidence. A dissenting commissioner believed the record was undeveloped, particularly regarding a requested functional capacity evaluation and a psychiatric evaluation, and that further development was necessary for substantial justice.

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