Home/Case Law/BEVERLY SMITH vs. CEDARS SINAI MEDICAL CENTER, TRISTAR RISK MANAGEMENT
Regular DecisionReconsideration

BEVERLY SMITH vs. CEDARS SINAI MEDICAL CENTER, TRISTAR RISK MANAGEMENT

Filed: Dec 17, 2010
San Francisco
ADJ3835932

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior award. The applicant sought to reopen the case due to the retirement of an Agreed Medical Evaluator and alleged worsening of her condition. However, the Board found the applicant failed to demonstrate good cause, as her claims were unsubstantiated, contradicted by surveillance evidence, and she did not exercise due diligence in seeking further evaluation. Consequently, the prior findings of industrial injury to the psyche and achilles tendon, with 24% permanent disability after apportionment, were upheld.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior award. The applicant sought to reopen the case due to the retirement of an Agreed Medical Evaluator and alleged worsening of her condition. However, the Board found the applicant failed to demonstrate good cause, as her claims were unsubstantiated, contradicted by surveillance evidence, and she did not exercise due diligence in seeking further evaluation. Consequently, the prior findings of industrial injury to the psyche and achilles tendon, with 24% permanent disability after apportionment, were upheld.

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BEVERLY SMITH vs. CEDARS SINAI MEDICAL CENTER, TRISTAR RISK MANAGEMENT (2010) – San Francisco | CompFox