Home/Case Law/JOHN BRINER JR. vs. STATE OF CALIFORNIA, PELICAN BAY STATE PRISON, legally uninsured, STATE COMPENSATION INSURANCE FUND
Regular DecisionWorkers' Compensation

JOHN BRINER JR. vs. STATE OF CALIFORNIA, PELICAN BAY STATE PRISON, legally uninsured, STATE COMPENSATION INSURANCE FUND

Filed: Aug 02, 2017
Eureka
ADJ9073697

CompFox AI Summary

This Workers' Compensation Appeals Board decision affirms a prior award finding applicant sustained injury to his right shoulder, left knee, and low back. The Board found the defendant failed to meet its burden of proof for apportionment of permanent disability, as the Agreed Medical Evaluator's opinions were not substantially supported by evidence and improperly addressed medical treatment rather than permanent disability. The Board also affirmed the finding that occupational group number 481 applied, based on substantial evidence of the applicant's diverse and physically demanding duties. Therefore, the original Findings and Award are affirmed in their entirety.

Full Decision Text1 Pages

This Workers' Compensation Appeals Board decision affirms a prior award finding applicant sustained injury to his right shoulder, left knee, and low back. The Board found the defendant failed to meet its burden of proof for apportionment of permanent disability, as the Agreed Medical Evaluator's opinions were not substantially supported by evidence and improperly addressed medical treatment rather than permanent disability. The Board also affirmed the finding that occupational group number 481 applied, based on substantial evidence of the applicant's diverse and physically demanding duties. Therefore, the original Findings and Award are affirmed in their entirety.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

JOHN BRINER JR. vs. STATE OF CALIFORNIA, PELICAN BAY STATE PRISON, legally uninsured, STATE COMPENSATION INSURANCE FUND (2017) – Eureka | CompFox