Home/Case Law/WANG LE vs. EL CAMINO HOSPITAL, TRISTAR RISK MANAGEMENT
Regular DecisionReconsideration

WANG LE vs. EL CAMINO HOSPITAL, TRISTAR RISK MANAGEMENT

Filed: Dec 05, 2008
ADJ2906412 (SJO 0241532) ADJ121679 (SJO 0241533) ADJ 405246 (SJO 0245064)

CompFox AI Summary

The Appeals Board granted reconsideration, rescinded the prior decision, and returned the case for further proceedings due to the WCJ's inadequate findings on permanent disability and apportionment. The Board found the WCJ erred by relying on an AME's opinion that she acknowledged was insufficient without further medical record development or a clear explanation of how vocational expert testimony was integrated into the permanent disability rating. The matter will be returned to the trial level for the WCJ to obtain adequate apportionment and permanent disability assessments, potentially through further medical evaluations or a formal rating by the Disability Evaluation Unit.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, rescinded the prior decision, and returned the case for further proceedings due to the WCJ's inadequate findings on permanent disability and apportionment. The Board found the WCJ erred by relying on an AME's opinion that she acknowledged was insufficient without further medical record development or a clear explanation of how vocational expert testimony was integrated into the permanent disability rating. The matter will be returned to the trial level for the WCJ to obtain adequate apportionment and permanent disability assessments, potentially through further medical evaluations or a formal rating by the Disability Evaluation Unit.

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