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Case No. ADJ9157852

Regular

Oct 17, 2018

AUDREY MCKINNEY vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION: CALIFORNIA STATE PRISIONS: LOS ANGELES COUNTY

This case involves a defendant's petition for reconsideration regarding the inclusion of crepitus impairment in a permanent disability rating. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding its prior decision to include crepitus. The WCAB found the Agreed Medical Examiner's report sufficiently clear and persuasive, despite the defendant's arguments for a supplemental report. Therefore, the defendant's request for reconsideration was ultimately denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Disability RatingCrepitusAgreed Medical ExaminerWhole Person ImpairmentSupplemental ReportClinical AssessmentParties' SelectionExpertise and Neutrality

References

Case No. MISSING

Regular Panel Decision

Claim of LaClaire v. Birds Eye Foods, Inc.

Claimant sustained work-related injuries to her left and right knees in 2007. The Workers' Compensation Board subsequently determined that her condition warranted a marked permanent partial disability classification, entitling her to continuing disability benefits rather than a schedule loss of use award. The employer and its workers' compensation carrier appealed this determination. The court affirmed the Board's decision, finding substantial evidence, including the claimant's orthopedic surgeon's testimony regarding crepitus, swelling, and severe pain, supported the marked permanent partial disability classification. Furthermore, the court concluded that the Board did not abuse its discretion in requiring additional proof concerning any overpayments made to the claimant.

Workers' CompensationPermanent Partial DisabilitySchedule Loss of UseKnee InjuriesAppellate ReviewSubstantial EvidenceMedical OpinionCredibility AssessmentOverpaymentsDisability Benefits

References

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AUDREY MCKINNEY vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION: CALIFORNIA STATE PRISIONS: LOS ANGELES COUNTY

Claim of LaClaire v. Birds Eye Foods, Inc.

Workers' CompensationPermanent Partial DisabilitySchedule Loss of UseKnee InjuriesAppellate ReviewSubstantial EvidenceMedical OpinionCredibility AssessmentOverpaymentsDisability Benefits