Home/Case Law/AUGUSTINE SCOTT vs. UNIVERSITY OF CALIFORNIA, OFFICE OF THE PRESIDENT, Legally Uninsured, Adjusted By SEDGWICK CMS/UNIVERSITY OF CALIFORNIA OFFICE
Regular DecisionReconsideration

AUGUSTINE SCOTT vs. UNIVERSITY OF CALIFORNIA, OFFICE OF THE PRESIDENT, Legally Uninsured, Adjusted By SEDGWICK CMS/UNIVERSITY OF CALIFORNIA OFFICE

Filed: Mar 27, 2009
ADJ3332763 (OAK 0340542)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 51% permanent disability without apportionment. The Board found the primary treating physician's apportionment reports insufficient as substantial evidence because they were conclusory and lacked adequate reasoning regarding causation. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record, particularly concerning apportionment. This may involve obtaining supplemental opinions or appointing an Agreed Medical Evaluator.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 51% permanent disability without apportionment. The Board found the primary treating physician's apportionment reports insufficient as substantial evidence because they were conclusory and lacked adequate reasoning regarding causation. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record, particularly concerning apportionment. This may involve obtaining supplemental opinions or appointing an Agreed Medical Evaluator.

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