Case Law Database

DIANE GOMEZ vs. SAN JUAN UNIFIED SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP

The Workers' Compensation Appeals Board denied Diane Gomez's Petition for Reconsideration, upholding the WCJ's finding of 77% permanent disability. The core dispute was apportionment of disability, with Gomez arguing for 100% based on her condition and the defendant advocating for apportionment to pre-existing and other factors. The Board adopted the WCJ's report, which found that while the parties stipulated to 100% disability, apportionment to non-industrial factors was necessary and properly calculated by the WCJ. The Board also rejected Gomez's request for cross-examination of a rater and rebuttal evidence, as the WCJ directly rated the case.