Case Law Database

Silviano De La Torre vs. PETE POSTMA DAIRY, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration and rescinded the prior award, returning the case for re-evaluation of permanent disability. The board found merit in the applicant's argument that gait derangement and cane use were not adequately considered in the original rating. However, the WCAB upheld the finding that the defendant failed to establish apportionment to a prior injury due to a lack of due diligence. The applicant's request to apply the 1997 rating schedule was deemed waived.