Home/Case Law/ERASMO QUEZADA vs. VERIZON WIRELESS, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular DecisionReconsideration

ERASMO QUEZADA vs. VERIZON WIRELESS, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Jul 20, 2009
ADJ4681016 (LBO 0384587) ADJ2340608 (LBO 0384588)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the Administrative Law Judge's (ALJ) findings due to a lack of substantial evidence. The Board found that the medical opinions, particularly Dr. Rottermann's, were insufficient to establish causation between the applicant's employment and his Kienböck's disease. Additionally, the ALJ improperly considered information from a website not admitted into evidence, depriving the parties of due process. The case is remanded to the trial level for further development of the record, including potential appointment of an Agreed Medical Examiner.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the Administrative Law Judge's (ALJ) findings due to a lack of substantial evidence. The Board found that the medical opinions, particularly Dr. Rottermann's, were insufficient to establish causation between the applicant's employment and his Kienböck's disease. Additionally, the ALJ improperly considered information from a website not admitted into evidence, depriving the parties of due process. The case is remanded to the trial level for further development of the record, including potential appointment of an Agreed Medical Examiner.

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ERASMO QUEZADA vs. VERIZON WIRELESS, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES (2009) – | CompFox