Home/Case Law/ARDELL MOORE vs. FASTRIP FOOD STORE, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ARDELL MOORE vs. FASTRIP FOOD STORE, STATE COMPENSATION INSURANCE FUND

Filed: Sep 12, 2016
Redding
ADJ6552578

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of the decision regarding applicant Ardell Moore's permanent disability. The Board adopted the findings of the workers' compensation administrative law judge, who determined that the Panel Qualified Medical Examiner's (PQME) opinions on apportionment were not substantial medical evidence. The PQME's reports lacked sufficient reasoning and scientific basis to support conclusions regarding the apportionment of permanent disability between industrial and non-industrial causes, particularly concerning the applicant's obesity. Therefore, the Board found the PQME's apportionment opinions to be speculative and not in compliance with legal requirements for substantial evidence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of the decision regarding applicant Ardell Moore's permanent disability. The Board adopted the findings of the workers' compensation administrative law judge, who determined that the Panel Qualified Medical Examiner's (PQME) opinions on apportionment were not substantial medical evidence. The PQME's reports lacked sufficient reasoning and scientific basis to support conclusions regarding the apportionment of permanent disability between industrial and non-industrial causes, particularly concerning the applicant's obesity. Therefore, the Board found the PQME's apportionment opinions to be speculative and not in compliance with legal requirements for substantial evidence.

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