Home/Case Law/GHEORGHE TOMA vs. BASIC ELECTRIC, CALIFORNIA COMPENSATION INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE
Regular DecisionReconsideration

GHEORGHE TOMA vs. BASIC ELECTRIC, CALIFORNIA COMPENSATION INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE

Filed: Mar 12, 2009
ADJ1916556 (RIV 0038645)

CompFox AI Summary

This case involves a workers' compensation claim for Gheorghe Toma, who sustained a back and leg injury in 1998, and later claimed cumulative trauma. The Board granted reconsideration of a prior award finding 60% permanent disability, finding the Agreed Medical Examiner's (AME) apportionment report unclear. The AME's opinion on apportionment between the specific injury, natural progression, and subsequent cumulative trauma was inconsistent and lacked sufficient explanation. The Board rescinded the prior award and returned the matter for further development of the medical record, specifically requiring the AME to clarify the extent of disability and apportionment to non-industrial factors.

Full Decision Text1 Pages

This case involves a workers' compensation claim for Gheorghe Toma, who sustained a back and leg injury in 1998, and later claimed cumulative trauma. The Board granted reconsideration of a prior award finding 60% permanent disability, finding the Agreed Medical Examiner's (AME) apportionment report unclear. The AME's opinion on apportionment between the specific injury, natural progression, and subsequent cumulative trauma was inconsistent and lacked sufficient explanation. The Board rescinded the prior award and returned the matter for further development of the medical record, specifically requiring the AME to clarify the extent of disability and apportionment to non-industrial factors.

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