Home/Case Law/GARY WHITLEY vs. EAST BAY MUNICIPAL UTILITY DISTRICT
Regular DecisionReconsideration

GARY WHITLEY vs. EAST BAY MUNICIPAL UTILITY DISTRICT

Filed: Aug 14, 2015
ADJ4475762

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. This affirmed the finding that the applicant sustained a permanent total disability due to a back injury from April 10, 2006, with no apportionment to prior conditions. The Board found that medical reports from Drs. Gravina and Lieberman regarding apportionment to other conditions lacked substantial evidence. Consequently, the applicant's unemployability, as supported by multiple experts, established a 100% loss of earning capacity.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. This affirmed the finding that the applicant sustained a permanent total disability due to a back injury from April 10, 2006, with no apportionment to prior conditions. The Board found that medical reports from Drs. Gravina and Lieberman regarding apportionment to other conditions lacked substantial evidence. Consequently, the applicant's unemployability, as supported by multiple experts, established a 100% loss of earning capacity.

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