Home/Case Law/IRMA SANCHEZ vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT
Regular DecisionReconsideration

IRMA SANCHEZ vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT

Filed: Apr 07, 2011
ADJ1228787 (VNO 0533101) ADJ676900 (VNO 0533097) ADJ780789 (VNO 0548546)

CompFox AI Summary

The Appeals Board granted reconsideration and rescinded the prior award finding industrial causation for hypertension and kidney disease. The Board found Dr. Lipper's opinion, which supported applicant's claim, lacked substantial evidence due to incomplete medical record review and speculative, conditional reasoning. Conversely, the Board found PQME Dr. Majcher's opinion, concluding the conditions were pre-existing and non-industrial, to be well-supported by evidence. Therefore, the matter was returned to the WCJ to re-determine benefits based solely on admitted orthopedic injuries.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and rescinded the prior award finding industrial causation for hypertension and kidney disease. The Board found Dr. Lipper's opinion, which supported applicant's claim, lacked substantial evidence due to incomplete medical record review and speculative, conditional reasoning. Conversely, the Board found PQME Dr. Majcher's opinion, concluding the conditions were pre-existing and non-industrial, to be well-supported by evidence. Therefore, the matter was returned to the WCJ to re-determine benefits based solely on admitted orthopedic injuries.

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IRMA SANCHEZ vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT (2011) – | CompFox