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Case No. ADJ4475762

Regular

Aug 14, 2015

GARY WHITLEY vs. EAST BAY MUNICIPAL UTILITY DISTRICT

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. This affirmed the finding that the applicant sustained a permanent total disability due to a back injury from April 10, 2006, with no apportionment to prior conditions. The Board found that medical reports from Drs. Gravina and Lieberman regarding apportionment to other conditions lacked substantial evidence. Consequently, the applicant's unemployability, as supported by multiple experts, established a 100% loss of earning capacity.

WCABADJ4475762OAK 0347942Petition for ReconsiderationWCJ ReportApportionmentSpondylolisthesisAnkle InjuryPermanent DisabilityAMA Guides

References

Case No. ADJ4475762 (OAK 0347942)

Regular

Apr 28, 2016

GARY WHITLEY vs. EBMUD

In Whitley v. EBMUD, the Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a February 18, 2016 decision. The WCAB found it necessary to grant reconsideration to fully study the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to the petition must be filed directly with the WCAB Commissioners and not with district offices or e-filed in EAMS. Pending the WCAB's decision after reconsideration, trial level documents not related to the petition will continue to be processed, but proposed settlements require prompt notification to the Appeals Board as a WCJ cannot act on them during reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemWCJSettlement

References

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GARY WHITLEY vs. EAST BAY MUNICIPAL UTILITY DISTRICT

WCABADJ4475762OAK 0347942Petition for ReconsiderationWCJ ReportApportionmentSpondylolisthesisAnkle InjuryPermanent DisabilityAMA Guides

GARY WHITLEY vs. EBMUD