Home/Case Law/ALBERTO SERNA vs. H.M.S. HOST, GALLAGHER BASSETT SERVICES, INC.; LIBERTY MUTUAL INSURANCE, ACE USA
Regular DecisionReconsideration

ALBERTO SERNA vs. H.M.S. HOST, GALLAGHER BASSETT SERVICES, INC.; LIBERTY MUTUAL INSURANCE, ACE USA

Filed: Feb 13, 2008
LAO 0859960, LAO0836589, LAO 0859995

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the applicant's back injury involved multiple cumulative trauma periods, not a single one. The Board found ambiguity in the Agreed Medical Examiner's findings regarding the number and dates of these traumas. Therefore, the case is remanded to the Agreed Medical Examiner for a supplemental report to clarify whether one or more cumulative trauma injuries occurred, and the specific permanent disability attributable to each.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the applicant's back injury involved multiple cumulative trauma periods, not a single one. The Board found ambiguity in the Agreed Medical Examiner's findings regarding the number and dates of these traumas. Therefore, the case is remanded to the Agreed Medical Examiner for a supplemental report to clarify whether one or more cumulative trauma injuries occurred, and the specific permanent disability attributable to each.

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ALBERTO SERNA vs. H.M.S. HOST, GALLAGHER BASSETT SERVICES, INC.; LIBERTY MUTUAL INSURANCE, ACE USA (2008) – | CompFox