Home/Case Law/GARY KUBECK vs. CALETTI JUNGSTEN CONSTRUCTION, AMERICAN ZURICH INSURANCE COMPANY
Regular DecisionReconsideration

GARY KUBECK vs. CALETTI JUNGSTEN CONSTRUCTION, AMERICAN ZURICH INSURANCE COMPANY

Filed: Aug 15, 2016
Santa Rosa
ADJ8203843

CompFox AI Summary

In this workers' compensation case, the defendant sought reconsideration of the original finding that the applicant sustained $71%$ permanent disability, arguing the judge improperly rejected the Agreed Medical Evaluator's (AME) apportionment opinion on psychiatric injury. The Board granted reconsideration, amending the award to include $35%$ non-industrial apportionment to the applicant's psychiatric disability. This resulted in a revised permanent disability award of $68%$. The Board found the AME's opinion on apportionment constituted substantial medical evidence and was not unpersuasive.

Full Decision Text1 Pages

In this workers' compensation case, the defendant sought reconsideration of the original finding that the applicant sustained $71%$ permanent disability, arguing the judge improperly rejected the Agreed Medical Evaluator's (AME) apportionment opinion on psychiatric injury. The Board granted reconsideration, amending the award to include $35%$ non-industrial apportionment to the applicant's psychiatric disability. This resulted in a revised permanent disability award of $68%$. The Board found the AME's opinion on apportionment constituted substantial medical evidence and was not unpersuasive.

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GARY KUBECK vs. CALETTI JUNGSTEN CONSTRUCTION, AMERICAN ZURICH INSURANCE COMPANY (2016) – Santa Rosa | CompFox