Home/Case Law/ARACELI MELGOZA GARIBAY vs. SILVERADO FARMING COMPANY INC., SECURITY NATIONAL INSURANCE COMPANY
Regular DecisionReconsideration

ARACELI MELGOZA GARIBAY vs. SILVERADO FARMING COMPANY INC., SECURITY NATIONAL INSURANCE COMPANY

Filed: Feb 11, 2019
Oakland
ADJ10015407

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an amended finding that awarded the applicant 61% permanent partial disability at a rate of $290.00. While the WCAB affirmed the 61% disability rating, finding Dr. Shaw's reports substantial evidence and agreeing that bilateral upper extremity impairments should be added due to synergistic effect, it deferred the issue of the permanent disability indemnity rate. The case was returned to the WCJ for further development of the record regarding the applicant's average weekly earning capacity for the purpose of determining the correct indemnity rate.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an amended finding that awarded the applicant 61% permanent partial disability at a rate of $290.00. While the WCAB affirmed the 61% disability rating, finding Dr. Shaw's reports substantial evidence and agreeing that bilateral upper extremity impairments should be added due to synergistic effect, it deferred the issue of the permanent disability indemnity rate. The case was returned to the WCJ for further development of the record regarding the applicant's average weekly earning capacity for the purpose of determining the correct indemnity rate.

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ARACELI MELGOZA GARIBAY vs. SILVERADO FARMING COMPANY INC., SECURITY NATIONAL INSURANCE COMPANY (2019) – Oakland | CompFox