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

Case No. ADJ1555118 (SAC 0336524) ADJ4532833 (SBR 0341290) ADJ457150 (SBR 0341294)
Regular
Sep 14, 2010

CLYTAN GUSMAN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was filed against an interim order. The WCAB had previously rescinded a judge's award and returned the case for further proceedings to address issues like apportionment and the basis of psychiatric disability. Applicant argued the prior medical opinion on apportionment was correct, but the WCAB found his petition was not from a final order that could be reconsidered. The case will proceed at the trial level for a final decision by the judge.

Petition for ReconsiderationInterim OrderFinal OrderRescinded DecisionFurther ProceedingsApportionmentPsyche DisabilityPermanent Total DisabilityPanel Qualified Medical EvaluatorLabor Code § 5900
References
4
Case No. ADJ1555118 (SAC 0336524) ADJ4532833 (SBR 0341290) ADJ457150 (SBR 0341294)
Regular
Jun 07, 2010

CLYTAN GUSMAN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, Adjusted BY STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration of a prior award finding 82% permanent disability due to industrial injuries to the applicant's psyche and internal systems. The primary reason for rescission was that the expert psychiatric evaluator applied an incorrect legal theory regarding apportionment of psyche disability by failing to consider non-work-related factors that are now apportionable under SB 899. The case is returned to the trial level for further development of the record, specifically concerning apportionment of psyche disability and potential consolidation of injury dates into a single cumulative trauma. The Board also instructed the WCJ to ensure the evidentiary record complies with exhibit listing rules.

Workers' Compensation Appeals BoardCautan GusmanState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundPsyche disabilityHeart disabilityInternal systems disabilityPermanent disabilityApportionment
References
15
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