CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, reversing a lower decision that awarded unapportioned permanent disability. The Board found that the Agreed Medical Examiner's (AME) apportionment of 50% of the applicant's left hip disability to a non-industrial arthritic condition was substantial medical evidence, despite the WCJ's finding that the AME's reasoning was arbitrary. The Board emphasized that AME opinions on apportionment need only be based on reasonable medical probability, not certainty, and that the AME sufficiently explained his reasoning.
Barry Robey vs. HERTZ CORPORATION, NATIONAL UNION FIRE INSURANCE COMPANY is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, reversing a lower decision that awarded unapportioned permanent disability. The Board found that the Agreed Medical Examiner's (AME) apportionment of 50% of the applicant's left hip disability to a non-industrial arthritic condition was substantial medical evidence, despite the WCJ's finding that the AME's reasoning was "arbitrary." The Board emphasized that AME opinions on apportionment need only be based on reasonable medical probability, not certainty, and that the AME sufficiently explained his reasoning.
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