Home/Case Law/DARLENE BATTLE vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

DARLENE BATTLE vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

Filed: Feb 06, 2019
Van Nuys
ADJ10282606, ADJ10283736

CompFox AI Summary

The Appeals Board granted reconsideration and rescinded the WCJ's previous findings and awards in both consolidated cases, ADJ10282606 and ADJ10283736. The primary issue concerned the determination of permanent disability for the applicant's right knee injury, specifically whether the medical opinion of Dr. Glousman was substantial evidence. The Board found Dr. Glousman's report lacked sufficient explanation for his impairment ratings according to AMA Guides, and the WCJ improperly supplemented this opinion. Consequently, the matter was returned to the trial level for further proceedings and new decisions by the WCJ.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and rescinded the WCJ's previous findings and awards in both consolidated cases, ADJ10282606 and ADJ10283736. The primary issue concerned the determination of permanent disability for the applicant's right knee injury, specifically whether the medical opinion of Dr. Glousman was substantial evidence. The Board found Dr. Glousman's report lacked sufficient explanation for his impairment ratings according to AMA Guides, and the WCJ improperly supplemented this opinion. Consequently, the matter was returned to the trial level for further proceedings and new decisions by the WCJ.

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DARLENE BATTLE vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND (2019) – Van Nuys | CompFox