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Case No. ADJ2912733

Regular

Sep 13, 2013

PAMELA WARD vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration to address applicant's challenge to the administrative law judge's (WCJ) reliance on the Agreed Medical Examiner's (AME) opinion regarding apportionment. The Board found the AME's apportionment opinion lacked sufficient reasoning and therefore was not substantial evidence. Consequently, the Board rescinded the WCJ's decision, deferred issues of permanent disability, apportionment, and attorney fees, and returned the matter for further proceedings. The Board emphasized the defendant's burden to prove apportionment with substantial medical evidence.

Workers' Compensation Appeals BoardAmended Findings and AwardAgreed Medical Examinersubstantial evidenceapportionmentpermanent disabilityReport and RecommendationrescindedLabor Codephysician's report

References

Case No. ADJ2912733 (VNO 0470821)

Regular

Dec 02, 2013

PAMELA WARD vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) dismissed Pamela Ward's petition for reconsideration. This dismissal was not based on the merits of her petition, but rather on the procedural issue that a petition for reconsideration can only be filed after a final order. The WCAB's prior order granting reconsideration was found not to be a final order under Labor Code § 5900. Therefore, Ward's petition was procedurally defective and consequently dismissed.

Petition for ReconsiderationFinal OrderInterlocutory OrderLabor Code § 5900Gumilla v. Industrial Acc. Com.Safeway Stores v. Workers' Comp. Appeals Bd.Dufault v. Workers' Comp. Appeals Bd.Ortiz v. Workers' Comp. Appeals Bd.City of Los Angeles v. Industrial Acc. Com.Workers' Compensation Appeals Board

References

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PAMELA WARD vs. COUNTY OF LOS ANGELES

Workers' Compensation Appeals BoardAmended Findings and AwardAgreed Medical Examinersubstantial evidenceapportionmentpermanent disabilityReport and RecommendationrescindedLabor Codephysician's report

PAMELA WARD vs. COUNTY OF LOS ANGELES