Home/Case Law/AMALIA DIAZ vs. MCDONALDS/GAVINO MANAGEMENT CORPORATION, UNITED STATES FIDELITY & GUARANTEE COMPANY, LWP CLAIMS SOLUTIONS, INC.
Regular DecisionReconsideration

AMALIA DIAZ vs. MCDONALDS/GAVINO MANAGEMENT CORPORATION, UNITED STATES FIDELITY & GUARANTEE COMPANY, LWP CLAIMS SOLUTIONS, INC.

Filed: Sep 26, 2007
San Francisco
BAK 145900; BAK 146234 BAK 146235

CompFox AI Summary

The applicant sustained an industrial knee injury and was awarded continuing temporary disability (TDI) based on an amputation exception. Defendant sought reconsideration, arguing knee surgery is not an amputation under Labor Code section 4656(c)(2)(C). The Appeals Board granted reconsideration to apply the recent en banc decision in Cruz, which clarified that "amputation" refers to severance of external body parts. The prior award was rescinded and the matter remanded for a new decision consistent with Cruz.

Full Decision Text1 Pages

The applicant sustained an industrial knee injury and was awarded continuing temporary disability (TDI) based on an amputation exception. Defendant sought reconsideration, arguing knee surgery is not an amputation under Labor Code section 4656(c)(2)(C). The Appeals Board granted reconsideration to apply the recent en banc decision in Cruz, which clarified that "amputation" refers to severance of external body parts. The prior award was rescinded and the matter remanded for a new decision consistent with Cruz.

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AMALIA DIAZ vs. MCDONALDS/GAVINO MANAGEMENT CORPORATION, UNITED STATES FIDELITY & GUARANTEE COMPANY, LWP CLAIMS SOLUTIONS, INC. (2007) – San Francisco | CompFox