CompFox AI Summary
The WCAB granted reconsideration and rescinded prior awards, finding applicant's truck driver occupation should be classified under group 460 due to heavy loading/unloading duties. The Board also determined that the QME's apportionment opinion regarding spinal injuries lacked substantial evidence, reclassifying it as solely work-related. Consequently, the permanent disability ratings were increased to 5% for the 2016 shoulder/knee injury and 23% for the cumulative injury to the spine, shoulders, elbows, and wrists. The decision overturns the WCJ's findings on occupational group and apportionment, resulting in a higher disability award for the applicant.
Darnell Hope vs. SMART & FINAL, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES is a workers' compensation case decided in San Bernardino. 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 Bernardino.
Full Decision Text1 Pages
The WCAB granted reconsideration and rescinded prior awards, finding applicant's truck driver occupation should be classified under group 460 due to heavy loading/unloading duties. The Board also determined that the QME's apportionment opinion regarding spinal injuries lacked substantial evidence, reclassifying it as solely work-related. Consequently, the permanent disability ratings were increased to 5% for the 2016 shoulder/knee injury and 23% for the cumulative injury to the spine, shoulders, elbows, and wrists. The decision overturns the WCJ's findings on occupational group and apportionment, resulting in a higher disability award for the applicant.
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