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Regular DecisionReconsideration

JACOB DAVIS vs. O'BRIEN MARKET, INC., WAUSAU INSURANCE COMPANY

Stockton
ADJ6828125

CompFox AI Summary

The Workers' Compensation Appeals Board granted applicant Jacob Davis's petition for reconsideration. The Board rescinded the prior award of 39% permanent disability, finding that the trial judge erred in rejecting vocational expert testimony without proper grounds. The case is remanded to the trial level for further proceedings to adequately develop the record regarding the applicant's psychiatric work restrictions and vocational feasibility, particularly concerning the impact of industrial injury versus non-industrial factors.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted applicant Jacob Davis's petition for reconsideration. The Board rescinded the prior award of 39% permanent disability, finding that the trial judge erred in rejecting vocational expert testimony without proper grounds. The case is remanded to the trial level for further proceedings to adequately develop the record regarding the applicant's psychiatric work restrictions and vocational feasibility, particularly concerning the impact of industrial injury versus non-industrial factors.

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JACOB DAVIS vs. O'BRIEN MARKET, INC., WAUSAU INSURANCE COMPANY (2016) – Stockton | CompFox