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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ2779438 (AHM 0141003), ADJ2276665 (AHM 0142839), ADJ4661552 (AHM 0100533)

Regular

Apr 04, 2012

VERN BOTTS vs. ORANGE COUNTY TRANSPORTATION AUTHORITY, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration of an award finding an applicant sustained industrial injuries causing permanent disability. The defendant argued the administrative law judge erred by failing to account for a prior award and non-industrial factors in the current disability rating. Crucially, the Board rescinded the award, remanding the case to the trial level. This is to further develop the record specifically on whether the applicant rebutted the diminished future earning capacity factor, as interpreted by the recent *Ogilvie III* decision.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentAgreed Medical ExaminerDiminished Future Earning CapacityDFECOgilvie formulaRebuttalIndustrial Injury

References

Case No. ADJ2779438 (AHM 0141003) ADJ2276665 (AHM 0142839) ADJ4661552 (AHM 0100533)

Regular

Jan 29, 2013

Vern Botts vs. Orange County Transportation Authority, Tristar Management

The Workers' Compensation Appeals Board denied the Petition for Removal filed by Orange County Transportation Authority and Tristar Management. The Board found that the trial judge was correctly ordered to conduct further proceedings to determine if the applicant could rebut the Diminished Future Earning Capacity (DFEC) adjustment, as required by the *Ogilvie III* decision. Defendant's arguments regarding prejudice from further evidence introduction and discovery closure were rejected as the trial judge's actions were in line with appellate directives and defendants had ample opportunity to address the issues. The Board adopted the judge's report, finding no basis for removal.

Petition for RemovalOrange County Transportation AuthorityTristar ManagementVern BottsADJ2779438ADJ2276665Workers' Compensation Appeals BoardPermissibly Self-InsuredAgreed Medical ExaminersStuart Green M.D.

References

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VERN BOTTS vs. ORANGE COUNTY TRANSPORTATION AUTHORITY, TRISTAR RISK MANAGEMENT

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentAgreed Medical ExaminerDiminished Future Earning CapacityDFECOgilvie formulaRebuttalIndustrial Injury

Vern Botts vs. Orange County Transportation Authority, Tristar Management