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The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ's calculation of permanent disability and apportionment was found to be inconsistent with the California Supreme Court's decision in Brodie and subsequent WCAB en banc decision in Benson. The WCAB stated that the trial judge must reconsider permanent disability and apportionment in light of these rulings, potentially requiring further medical evidence development.
CAROLYN FITZGERALD vs. DAVE'S PIT STOP, SUPERIOR NATIONAL, CIGA, BROADSPIRE, STATE COMPENSATION INSURANCE FUND 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The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ's calculation of permanent disability and apportionment was found to be inconsistent with the California Supreme Court's decision in Brodie and subsequent WCAB en banc decision in Benson. The WCAB stated that the trial judge must reconsider permanent disability and apportionment in light of these rulings, potentially requiring further medical evidence development.
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