Case Law Database

LINO LEMUS vs. CALIFORNIA SKATE FACTORY, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the defendant sought reconsideration of an award granting the applicant 64% permanent disability for a right hand and psyche injury. The original judge relied on the Agreed Medical Examiner's (AME) report for the disability rating, but later conceded in his reconsideration report that the AME's opinion was unreliable. The Appeals Board granted reconsideration, rescinded the award, and returned the case to the trial level. This action was taken because the Appeals Board could not affirm the award based on the judge's conflicting statements about which medical evidence he actually relied upon.