Home/Case Law/Joel De La Cerda vs. Martin Selko & Co., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

Joel De La Cerda vs. Martin Selko & Co., STATE COMPENSATION INSURANCE FUND

Filed: Nov 21, 2017
ADJ2970937 (VNO 0504765)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case for further proceedings. Applicant contested a 93% permanent disability award, arguing the Agreed Medical Examiner (AME) should have directed impairments to be added rather than combined, which would result in 100% disability. The Board found the trial judge erred in rejecting the AME's opinion solely due to the potential for a rating exceeding 100%, which is legally permissible. The matter was remanded for the AME to clarify their reasoning for the additive rating method.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case for further proceedings. Applicant contested a 93% permanent disability award, arguing the Agreed Medical Examiner (AME) should have directed impairments to be added rather than combined, which would result in 100% disability. The Board found the trial judge erred in rejecting the AME's opinion solely due to the potential for a rating exceeding 100%, which is legally permissible. The matter was remanded for the AME to clarify their reasoning for the additive rating method.

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Joel De La Cerda vs. Martin Selko & Co., STATE COMPENSATION INSURANCE FUND (2017) – | CompFox