Home/Case Law/JOSEPH VALTIERRA vs. TCB INDUSTRIAL, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JOSEPH VALTIERRA vs. TCB INDUSTRIAL, STATE COMPENSATION INSURANCE FUND

Filed: May 06, 2013
ADJ2329367 (OAK 0323054)

CompFox AI Summary

The Appeals Board granted reconsideration and rescinded the WCJ's award due to inadequate medical evidence regarding the applicant's left shoulder injury. Both the applicant's and defendant's medical evaluators provided opinions that were found to be speculative, incomplete, and not based on a full understanding of the underlying pathology. The Board determined that substantial evidence was lacking on the apportionment of disability and the precise nature of the left shoulder condition. The case is returned to the trial level for further development of the medical record.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and rescinded the WCJ's award due to inadequate medical evidence regarding the applicant's left shoulder injury. Both the applicant's and defendant's medical evaluators provided opinions that were found to be speculative, incomplete, and not based on a full understanding of the underlying pathology. The Board determined that substantial evidence was lacking on the apportionment of disability and the precise nature of the left shoulder condition. The case is returned to the trial level for further development of the medical record.

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JOSEPH VALTIERRA vs. TCB INDUSTRIAL, STATE COMPENSATION INSURANCE FUND (2013) – | CompFox