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Case No. ADJ1459734 (VNO 0385398) ADJ1448881 (VNO 0460995)

Regular

Jun 05, 2009

CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation

The Appeals Board granted reconsideration of the prior award due to the WCJ's reliance on Dr. Capen's reports for permanent disability and apportionment, which were previously found to lack substantial evidence. The WCJ erred by issuing new ratings based on these same inadequate reports, even after the Appeals Board's directive. The Board rescinded the award and returned the case for further development of the medical record regarding apportionment and permanent disability, specifically requiring evidence that meets the standards set in Escobedo v. Marshalls.

Workers' Compensation Appeals BoardPacific MatState Compensation Insurance FundXESSXSPORTCalifornia Insurance Guarantee AssociationFremont Insuranceliquidationindustrial injuryback injuryleft hip injury

References

Case No. VNO 0385398 VNO 0460995

Regular

Jun 20, 2008

CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation

This case involves a workers' compensation claim where the defendant, SCIF, contests the findings regarding cumulative trauma injury dates and apportionment of permanent disability. The Appeals Board granted reconsideration, finding the WCJ erred in relying on Dr. Capen's apportionment opinion, which lacked substantial evidence and proper reasoning. The matter is returned to the trial level for further proceedings to develop the record on permanent disability and apportionment based on causation, consistent with current legal precedent.

Workers' Compensation Appeals BoardPacific MatInc.State Compensation Insurance FundXESSXSPORTCalifornia Insurance Guarantee AssociationFremont Insuranceliquidationwarehouse workerindustrial injury

References

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CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation

Workers' Compensation Appeals BoardPacific MatInc.State Compensation Insurance FundXESSXSPORTCalifornia Insurance Guarantee AssociationFremont Insuranceliquidationwarehouse workerindustrial injury