Home/Case Law/CARMELO MEDINA vs. AZTEC HARVESTING, REDWOOD FIRE & CASUALTY, BERKSHIRE HATHAWAY HOMESTATE CO.
Regular DecisionReconsideration

CARMELO MEDINA vs. AZTEC HARVESTING, REDWOOD FIRE & CASUALTY, BERKSHIRE HATHAWAY HOMESTATE CO.

Filed: Aug 24, 2011
San Francisco
ADJ4708188 (VNO 0521881)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petitions for reconsideration and removal, affirming the original award. The Board found the applicant lacked credibility based on exaggerated complaints and inconsistent medical reporting. While acknowledging the weight given to Agreed Medical Evaluators (AMEs), the Board clarified that they are not bound by AME opinions and can reject them if they lack substantial evidence. The Board adopted the WCJ's reasoning that the AME's opinion was not substantial evidence due to the applicant's exaggerated history provided to the AME.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petitions for reconsideration and removal, affirming the original award. The Board found the applicant lacked credibility based on exaggerated complaints and inconsistent medical reporting. While acknowledging the weight given to Agreed Medical Evaluators (AMEs), the Board clarified that they are not bound by AME opinions and can reject them if they lack substantial evidence. The Board adopted the WCJ's reasoning that the AME's opinion was not substantial evidence due to the applicant's exaggerated history provided to the AME.

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CARMELO MEDINA vs. AZTEC HARVESTING, REDWOOD FIRE & CASUALTY, BERKSHIRE HATHAWAY HOMESTATE CO. (2011) – San Francisco | CompFox