Home/Case Law/CHRIS ARSENAULT vs. CARPET MASTER, MID-CENTURY INSURANCE COMPANY
Regular DecisionWorkers' Compensation

CHRIS ARSENAULT vs. CARPET MASTER, MID-CENTURY INSURANCE COMPANY

Filed: May 16, 2017
San Francisco
ADJ2649808 (STK 0209059)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of 100% permanent disability for an admitted back injury. The defendant argued the vocational expert's report was flawed and unsubstantiated, but the Board affirmed the WCJ's finding of credibility. The WCJ's decision correctly applied Dahl to find the applicant not amenable to vocational rehabilitation due to his functional limitations, pain, and depression. The Board also rejected the defendant's attempt to admit newly discovered evidence, as it did not meet the criteria for such admission.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of 100% permanent disability for an admitted back injury. The defendant argued the vocational expert's report was flawed and unsubstantiated, but the Board affirmed the WCJ's finding of credibility. The WCJ's decision correctly applied Dahl to find the applicant not amenable to vocational rehabilitation due to his functional limitations, pain, and depression. The Board also rejected the defendant's attempt to admit newly discovered evidence, as it did not meet the criteria for such admission.

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CHRIS ARSENAULT vs. CARPET MASTER, MID-CENTURY INSURANCE COMPANY (2017) – San Francisco | CompFox