Home/Case Law/JOHN ALLEN PERRY vs. THE KROGER CO. DBA FOOD 4 LESS, PSI, ADMINISTERED BY SEDGWICK CMS
Regular DecisionReconsideration

JOHN ALLEN PERRY vs. THE KROGER CO. DBA FOOD 4 LESS, PSI, ADMINISTERED BY SEDGWICK CMS

Filed: Jan 05, 2011
San Francisco
ADJ 4103043 (VNO 0476350) ADJ 3126939 (VNO 0476351) ADJ 2605301 (VNO 0476352)

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that surgery was "probably" required based on the Agreed Medical Evaluator's deposition testimony. The Board found that the defendant waived any objection to the applicant's evidence by failing to offer potentially contradictory reports in rebuttal at trial. Furthermore, the Board noted that it is not bound by common law evidence rules and hearsay is admissible.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that surgery was "probably" required based on the Agreed Medical Evaluator's deposition testimony. The Board found that the defendant waived any objection to the applicant's evidence by failing to offer potentially contradictory reports in rebuttal at trial. Furthermore, the Board noted that it is not bound by common law evidence rules and hearsay is admissible.

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JOHN ALLEN PERRY vs. THE KROGER CO. DBA FOOD 4 LESS, PSI, ADMINISTERED BY SEDGWICK CMS (2011) – San Francisco | CompFox