Home/Case Law/JOSE REYES vs. SCHMIDBAUER LUMBER
Regular DecisionReconsideration

JOSE REYES vs. SCHMIDBAUER LUMBER

Filed: Dec 04, 2020
Van Nuys
ADJ10079020 (MF), ADJ10071976

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded the prior Findings and Awards in two cases, ADJ10071976 (bilateral knees) and ADJ10079020 (neck, back, shoulders), due to unresolved issues regarding permanent disability, apportionment, and medical treatment. The Board found that the Workers' Compensation Judge's reliance on specific medical opinions was insufficient and required further development of the medical record. The Board also rejected the applicant's argument regarding Labor Code section 5402, as that presumption was not properly raised and stipulations indicated disputes on key issues. The cases are returned to the trial level for further proceedings and new decisions by the WCJ.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded the prior Findings and Awards in two cases, ADJ10071976 (bilateral knees) and ADJ10079020 (neck, back, shoulders), due to unresolved issues regarding permanent disability, apportionment, and medical treatment. The Board found that the Workers' Compensation Judge's reliance on specific medical opinions was insufficient and required further development of the medical record. The Board also rejected the applicant's argument regarding Labor Code section 5402, as that presumption was not properly raised and stipulations indicated disputes on key issues. The cases are returned to the trial level for further proceedings and new decisions by the WCJ.

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JOSE REYES vs. SCHMIDBAUER LUMBER (2020) – Van Nuys | CompFox