Home/Case Law/DONALD VIEIRA vs. BUILDING OPPORTUNITIES FOR SELF-SUFFICIENCY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

DONALD VIEIRA vs. BUILDING OPPORTUNITIES FOR SELF-SUFFICIENCY, STATE COMPENSATION INSURANCE FUND

Filed: Jun 26, 2012
Oakland
ADJ4502123

CompFox AI Summary

This case involves defendant's petition for reconsideration of a finding of 100% permanent disability and no apportionment. Defendant argues the WCJ erred by not considering an Agreed Medical Evaluator's opinion attributing 50% of the disability to nonindustrial factors. The Appeals Board granted reconsideration, rescinded the WCJ's findings, and returned the case to the trial level. This action was taken because the medical evidence and other exhibits were not formally admitted into evidence, preventing meaningful review. The WCJ must now prepare a proper record and issue a new decision.

Full Decision Text1 Pages

This case involves defendant's petition for reconsideration of a finding of 100% permanent disability and no apportionment. Defendant argues the WCJ erred by not considering an Agreed Medical Evaluator's opinion attributing 50% of the disability to nonindustrial factors. The Appeals Board granted reconsideration, rescinded the WCJ's findings, and returned the case to the trial level. This action was taken because the medical evidence and other exhibits were not formally admitted into evidence, preventing meaningful review. The WCJ must now prepare a proper record and issue a new decision.

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DONALD VIEIRA vs. BUILDING OPPORTUNITIES FOR SELF-SUFFICIENCY, STATE COMPENSATION INSURANCE FUND (2012) – Oakland | CompFox