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

Case No. ADJ3896064 (SAL 0121108)

Regular

Aug 08, 2012

BRUCE AYERS vs. GRANITE ROCK COMPANY, ZURICH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board order denies reconsideration of a prior award finding permanent and total disability. The applicant's treating physician and vocational experts opined that the applicant's multiple impairments, including chronic pain, medication side effects, and sleep disturbances, render him unemployable. The Board found the defendant failed to present a fair and complete picture of the medical evidence regarding the applicant's employability, specifically omitting key portions of the physician's opinion. The Board also noted the defendant's attempt to reopen discovery regarding sleep medication was without merit, as the applicant's testimony was credible and the existing evidence supported his ongoing disability.

Workers' Compensation Appeals BoardGranite Rock CompanyZurich American Insurance CompanyPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeSleep StudySleep MedicationEarning CapacitySuitable and Gainful EmploymentVocational Experts

References

Case No. ADJ11286876; ADJ11286877

Regular

Dec 02, 2019

Joanna Fontenette vs. Los Angeles Unified School District, Sedgwick CMS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the trial judge's findings. The Board found the evidentiary record did not sufficiently establish whether the applicant sustained two separate injuries causing distinct periods of temporary disability, or if concurrent disabilities were properly evaluated. The matter was returned to the trial judge for further proceedings to develop the record, particularly regarding the medical opinions on causation and the distinction between injury dates. This decision is not a final determination of the merits.

Labor Code section 4850Petition for ReconsiderationJoint Findings and Awardseparate and distinct periods of disabilitycontinuous traumacervical myelopathyspondylolisthesisagreed medical evaluatorcumulative traumaaggregate disability payments

References

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BRUCE AYERS vs. GRANITE ROCK COMPANY, ZURICH AMERICAN INSURANCE COMPANY

Joanna Fontenette vs. Los Angeles Unified School District, Sedgwick CMS