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Regular DecisionReconsideration

Bryan Gavin vs. Superior Ready Mix, Tristar Risk Management

Filed: Oct 18, 2012
San Diego
ADJ7268296 ADJ7268292

CompFox AI Summary

This Workers' Compensation Appeals Board decision rescinded previous findings regarding Bryan Gavin's cumulative trauma injuries to his low back and right elbow. The Board found the Qualified Medical Evaluator's report insufficient and lacking coherence. Consequently, the case is returned to the trial level to allow parties to select an Agreed Medical Examiner or for the WCJ to appoint a physician for a new evaluation. This will enable a proper determination of industrial causation after a more adequate medical record is established.

Full Decision Text1 Pages

This Workers' Compensation Appeals Board decision rescinded previous findings regarding Bryan Gavin's cumulative trauma injuries to his low back and right elbow. The Board found the Qualified Medical Evaluator's report insufficient and lacking coherence. Consequently, the case is returned to the trial level to allow parties to select an Agreed Medical Examiner or for the WCJ to appoint a physician for a new evaluation. This will enable a proper determination of industrial causation after a more adequate medical record is established.

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Bryan Gavin vs. Superior Ready Mix, Tristar Risk Management (2012) – San Diego | CompFox