Home/Case Law/CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation
Regular DecisionReconsideration

CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation

Filed: Jun 20, 2008
VNO 0385398 VNO 0460995

CompFox AI Summary

This case involves a workers' compensation claim where the defendant, SCIF, contests the findings regarding cumulative trauma injury dates and apportionment of permanent disability. The Appeals Board granted reconsideration, finding the WCJ erred in relying on Dr. Capen's apportionment opinion, which lacked substantial evidence and proper reasoning. The matter is returned to the trial level for further proceedings to develop the record on permanent disability and apportionment based on causation, consistent with current legal precedent.

Full Decision Text1 Pages

This case involves a workers' compensation claim where the defendant, SCIF, contests the findings regarding cumulative trauma injury dates and apportionment of permanent disability. The Appeals Board granted reconsideration, finding the WCJ erred in relying on Dr. Capen's apportionment opinion, which lacked substantial evidence and proper reasoning. The matter is returned to the trial level for further proceedings to develop the record on permanent disability and apportionment based on causation, consistent with current legal precedent.

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CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation (2008) – | CompFox