Home/Case Law/GARY SWIERSKI vs. LONG PAINTING COMPANY; ARCH INSURANCE COMPANY, Adjusted By GALLAGHER BASSETT SERVICES; JERRY THOMPSON & SONS PAINTING, ARCH INSURANCE COMPANY, Adjusted By GALLAGHER BASSETT SERVICES
Regular DecisionWorkers' Compensation

GARY SWIERSKI vs. LONG PAINTING COMPANY; ARCH INSURANCE COMPANY, Adjusted By GALLAGHER BASSETT SERVICES; JERRY THOMPSON & SONS PAINTING, ARCH INSURANCE COMPANY, Adjusted By GALLAGHER BASSETT SERVICES

Filed: Jul 07, 2011
San Francisco
ADJ289247 (SJO 0262446) ADJ6981239

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded the previous award because the administrative law judge's decision was not supported by substantial evidence regarding the date of injury and apportionment of liability. The Board found that the record needed further development, particularly by obtaining supplemental reports or depositions from the Panel Qualified Medical Evaluator. The case is returned to the trial level for further proceedings to clarify these critical issues and potentially re-evaluate the applicant's election against co-defendants.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded the previous award because the administrative law judge's decision was not supported by substantial evidence regarding the date of injury and apportionment of liability. The Board found that the record needed further development, particularly by obtaining supplemental reports or depositions from the Panel Qualified Medical Evaluator. The case is returned to the trial level for further proceedings to clarify these critical issues and potentially re-evaluate the applicant's election against co-defendants.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

GARY SWIERSKI vs. LONG PAINTING COMPANY; ARCH INSURANCE COMPANY, Adjusted By GALLAGHER BASSETT SERVICES; JERRY THOMPSON & SONS PAINTING, ARCH INSURANCE COMPANY, Adjusted By GALLAGHER BASSETT SERVICES (2011) – San Francisco | CompFox