Home/Case Law/ELVIA BANUELOS vs. ABM SERVICES
Regular DecisionRegular Panel Decision

ELVIA BANUELOS vs. ABM SERVICES

Filed: Dec 15, 2016
Santa Ana
ADJ9449225

CompFox AI Summary

The Appeals Board rescinded a prior award finding the applicant sustained a right wrist injury on April 24, 2014, and was entitled to ongoing temporary disability indemnity. The Board found the applicant's treating physician's reports lacked substantial evidence, as they failed to adequately explain causation and apportion temporary disability to the specific injury. Because the medical evidence did not support the prior award, the case was returned to the WCJ for further proceedings to develop the record. The defendant's due process argument regarding previously submitted reports was not considered as it was not raised at the trial level.

Full Decision Text1 Pages

The Appeals Board rescinded a prior award finding the applicant sustained a right wrist injury on April 24, 2014, and was entitled to ongoing temporary disability indemnity. The Board found the applicant's treating physician's reports lacked substantial evidence, as they failed to adequately explain causation and apportion temporary disability to the specific injury. Because the medical evidence did not support the prior award, the case was returned to the WCJ for further proceedings to develop the record. The defendant's due process argument regarding previously submitted reports was not considered as it was not raised at the trial level.

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ELVIA BANUELOS vs. ABM SERVICES (2016) – Santa Ana | CompFox