Home/Case Law/WILLIAM GILBERT vs. CITY OF LOS ANGELES
Regular DecisionReconsideration

WILLIAM GILBERT vs. CITY OF LOS ANGELES

Filed: Jul 20, 2009
ADJ2453188 (LBO 0391424)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the medical evidence insufficient. The applicant sought a higher permanent disability rating than the $12%$ awarded, arguing the judge erred in calculating impairment and omitting pain and grip strength adjustments recommended by the Agreed Medical Evaluator. The Board returned the case to the trial level for further development of the medical record, requiring the evaluator to fully explain their findings on impairment, pain, and grip strength, and to consider Almaraz principles regarding equitable permanent disability awards.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the medical evidence insufficient. The applicant sought a higher permanent disability rating than the $12%$ awarded, arguing the judge erred in calculating impairment and omitting pain and grip strength adjustments recommended by the Agreed Medical Evaluator. The Board returned the case to the trial level for further development of the medical record, requiring the evaluator to fully explain their findings on impairment, pain, and grip strength, and to consider Almaraz principles regarding equitable permanent disability awards.

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