Home/Case Law/GEORGE DIAZ vs. REYES MASONRY CONTRACTORS, INC., CITATION INSURANCE COMPANY, GENERAL REINSURANCE, INTERCARE, SUBSEQUENT INJURIES BENEFITS TRUST FUND
Regular DecisionReconsideration

GEORGE DIAZ vs. REYES MASONRY CONTRACTORS, INC., CITATION INSURANCE COMPANY, GENERAL REINSURANCE, INTERCARE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

Filed: May 23, 2019
Oxnard
ADJ1797870

CompFox AI Summary

The Workers' Compensation Appeals Board denied George Diaz's petition for reconsideration, affirming the administrative law judge's award of 93.75% permanent disability. The judge apportioned 30% of Diaz's orthopedic disability to prior injuries, relying on medical evidence of degenerative changes aggravated by the 1992 industrial injury. Diaz's arguments for 100% permanent disability due to total disability or loss of use of both hands were rejected due to insufficient medical evidence. The Board found the apportionment was supported by substantial medical evidence and did not qualify for an unapportioned award under the Hikida precedent.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied George Diaz's petition for reconsideration, affirming the administrative law judge's award of 93.75% permanent disability. The judge apportioned 30% of Diaz's orthopedic disability to prior injuries, relying on medical evidence of degenerative changes aggravated by the 1992 industrial injury. Diaz's arguments for 100% permanent disability due to total disability or loss of use of both hands were rejected due to insufficient medical evidence. The Board found the apportionment was supported by substantial medical evidence and did not qualify for an unapportioned award under the Hikida precedent.

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GEORGE DIAZ vs. REYES MASONRY CONTRACTORS, INC., CITATION INSURANCE COMPANY, GENERAL REINSURANCE, INTERCARE, SUBSEQUENT INJURIES BENEFITS TRUST FUND (2019) – Oxnard | CompFox