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Case Law Database

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

Case No. ADJ1030139 (STK 0203781)
Regular
Nov 19, 2014

GERALD REESE vs. MICRODENTAL LABORATORIES, AMERICAN HOME ASSURANCE, AIG CLAIMS SERVICES

The Appeals Board granted reconsideration to review the permanent disability rating for applicant Gerald Reese, who sustained an industrial injury in 2006. The primary issue was whether to include a deconditioning impairment, rated by a PQME using analogy, into the permanent disability award. The Board affirmed the WCJ's decision but amended it to defer the issue of permanent disability for further proceedings. This deferral is to allow the WCJ to issue rating instructions based on the established legal framework for incorporating AMA Guides impairments, even those addressed by analogy.

PQMEdeconditioningAMA Guideswhole person impairmentanalogyLabor Code section 4660Almaraz/Guzman IIMilpitas Unified School Dist.City of Sacramento v. Workers' Comp. Appeals Bd.rating instructions
References
3
Case No. ADJ8198058
Regular
May 14, 2019

MICHAEL DELGADO vs. SOUTHERN CALIFORNIA GAS COMPANY

This case involves a second petition for reconsideration by Southern California Gas Company challenging a 100% permanent disability award for Michael Delgado. The Appeals Board denied the petition, deeming it improper as a successive filing without new evidence. However, the Board clarified that the prior decision relied on the opinions of both Agreed Medical Examiners, supporting the finding of permanent total disability due to deconditioning. The vocational expert's opinion, consistent with applicant's testimony, also constituted substantial evidence for the award.

Workers' Compensation Appeals BoardSouthern California Gas CompanyMichael Delgadopermanent disabilitycumulative traumaEnergy Tech ResidentialAgreed Medical Examinervocational counselorvocational expertdeconditioning
References
7
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