Home/Case Law/JOSE MALDONADO vs. FCI CONSTRUCTORS, ZURICH AMERICAN INSURANCE
Regular DecisionReconsideration

JOSE MALDONADO vs. FCI CONSTRUCTORS, ZURICH AMERICAN INSURANCE

Filed: Oct 07, 2010
ADJ2839025 (STK 0210809)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the $48%$ permanent disability rating was unsupported by evidence and that the Agreed Medical Evaluator's (AME) opinion was insufficient. The Board adopted the WCJ's report, finding the AME's analysis, based on analogy within the AMA Guides for upper extremity impairment, provided substantial evidence. A dissenting opinion argued the AME failed to sufficiently explain his reasoning for deviating from standard measurements, making his opinion unsubstantiated medical evidence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the $48%$ permanent disability rating was unsupported by evidence and that the Agreed Medical Evaluator's (AME) opinion was insufficient. The Board adopted the WCJ's report, finding the AME's analysis, based on analogy within the AMA Guides for upper extremity impairment, provided substantial evidence. A dissenting opinion argued the AME failed to sufficiently explain his reasoning for deviating from standard measurements, making his opinion unsubstantiated medical evidence.

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