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Case Law Database

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

Case No. ADJ591293 (GRO 0031424) ADJ3541062 (GRO 0031102)

Regular

Jan 15, 2013

GENE FREITAS vs. THE KROGER COMPANY DBA RALPHS GROCERY COMPANY, Permissibly Self-Insured, and Administered and Adjusted By SEDGWICK CMS

The Workers' Compensation Appeals Board granted Gene Freitas's petition for reconsideration of a November 2, 2012 decision. This action was taken due to statutory time constraints and a need for further study of the factual and legal issues. The Board requires more time to fully understand the record and render a just decision. Consequently, all future communications regarding this case must be filed in writing with the Board's Commissioners' office.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsCommissionersElectronic Adjudication Management System

References

Case No. ADJ591293 (GRO 0031424) ADJ3541062 (GRO 0031102)

Regular

Oct 16, 2014

GENE FREITAS vs. THE KROGER COMPANY DBA RALPHS GROCERY COMPANY, SEDGWICK CMS

This case concerns an applicant's appeal challenging his permanent disability rating. The applicant argued his vocational expert demonstrated 100% disability, seeking to rebut the standard 2005 Permanent Disability Rating Schedule (PDRS). The Workers' Compensation Appeals Board (WCAB) affirmed the initial findings, holding the applicant failed to prove his industrial injury was the sole cause of his inability to participate in rehabilitation. The WCAB emphasized that factors like lack of education or general aptitude, rather than solely the industrial injury, must be demonstrably absent for a successful rebuttal under *LeBoeuf* principles.

Workers' Compensation Appeals BoardGene FreitasThe Kroger CompanyRalphs Grocery CompanySEDGWICK CMSOpinion and Decision After ReconsiderationFindings and AwardPermanent Disability Rating ScheduleVocational ExpertOgilvie

References

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GENE FREITAS vs. THE KROGER COMPANY DBA RALPHS GROCERY COMPANY, Permissibly Self-Insured, and Administered and Adjusted By SEDGWICK CMS

GENE FREITAS vs. THE KROGER COMPANY DBA RALPHS GROCERY COMPANY, SEDGWICK CMS